RAM PRASAD Vs. STATE OF UP

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 19.9.2002, passed by Additional Sessions Judge, Hardoi in Sessions Trial No. 594/2001, whereby accused Ram Prasad was found guilty under Sections 366 and 376 IPC and sentenced to seven years R.I. under Section 366 IPC and ten years R.I. under Section 376 IPC.

(2.) The prosecution story, as it appears from the statement of the victim P.W.2 and the record, is that victim s father had died. Victim s mother was residing with the victim s Nana in her Nanihal. There too, victim s Nani was alive while Nana had expired. Accused Ram Prasad is the brother-in-law (Sala) of victim s maternal uncle and was known to the victim from before. He was on visiting terms with the victim. On 13.4.2001 at about 12 O Clock (mid day), accused Ram Prasad came to victim s Nanihal. He enticed the victim to go with him on the promise of giving her good clothes and other valuable articles. The victim fell to the allurement and went with accused Ram Prasad. On the date of occurrence, the victim s mother had gone to her own Nanihal; only the victim and her Nani were at home. Accused Ram Prasad took the victim to Chittarkhera on a bicycle. From Chittarkhera, she was taken to village Bharawan in a bus by the accused. She was kept confined in the accused s house for two days, where accused committed rape upon her. From there, accused took her to another village, where she was again raped by the accused. On 17.4.2001, she was recovered by the police. On return from her Nanihal, victim s mother Smt. Phoolmati P.W.1 got a report Ext.Ka 1 scribed and submitted it at the police station, where a Chik of F.I.R Ext.Ka 3 was scribed and a case was registered against the accused vide G.D. Ext. Ka 4.

(3.) The victim was sent for medical examination. Dr. Sadhna Pathak P.W.6 conducted the medical examination of the victim and prepared the report Ext.Ka 11. She was also sent for X-Ray. On the basis of the X-Ray report and the medical report, Dr. P.W.6 has opined that no definite opinion about rape can be given. However, in the opinion of the doctor, which was based on the supplementary report, the age of the victim was about 14 years.