BABU YADAV Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Present appeal has been preferred by the appellant against judgment and order dated 14-12-1995, passed by Sri S.C. Agarwal, I Additional Sessions Judge, Banda, and convicting and sentencing him to eight years' R.I. under Section 376, I.P.C. in S.T. No. 200 of 1994.

(2.) The brief facts of the case are that the minor daughter of the informant Girja Devi, viz. Km. Kalli, had gone to the house of the appellant to play with his younger niece, aged about 3/4 years. It is alleged that the appellant had sent his niece out of the house and detained Kalli inside. He, thereafter, attempted to commit rape on her (Kalli). When the appellant was in the midst of the process the poor child started crying due to extreme pain , which attracted her mother to the spot. Seeing her mother approaching his house, the appellant ran away leaving the injured, hapless victim, inside his house. On enquiry by her mother, Kalli communicated to her that the appellant had committed sexual intercourse with her and due to pain she had cried out and wept. Several neighbouring persons, as alleged in the F.I.R. also witnessed the incident. Girja Devi wife of Jabra Yadav, resident of Village Harauli, lodged a report of the incident at P.S. Kotwali Baberu, District Banda, at about 8.30 p.m. on 31-5-1994. The distance of the police station from the spot of incident is only 2 Kms.

(3.) The prosecution, in support of its case, has examined PW 1 Girja Devi and Km. Kalli, Out of them Km. Kalli is the solitary eyewitness, being the victim. So far as PW 1 Girja Devi is concerned, she had seen the appellant coming out and running away. PW 3 Dr. Shiva Bharadwaj initially examined thevictim. PW 4 Arvind Kumar Dubey is the Head Moharir. He had registered the F.I.R. and prepared relevant papers pertaining to it. PW 5 Dr. M.C. Mittal is Radiologist. He had x-rayed the elbow and knee joints of the victim for ascertainment of her age. PW 6 Raj Bali Singh is the Investigating Officer in the case. This is the entire evidence.