GOPAL KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred against Judgement and order dated 22.4.1983 passed by learned XIVth Additional District and Sessions Judge, Kanpur in Session Trial No. 302/M/92 (State Vs. Gopal Kumar) under Sections 376 I. P. C. , however, appellant was released on Probation of Good Conduct for a period of two years and he was sentenced to fine of Rs. 1000/-.

(2.) As per prosecution version, the first informant namely, Shiv Prasad Dubey was tenant on 4th floor of the premises belonging to maternal grandfather of accused-appellant. On 29.4.1982 at about 11:00 A. M. daughter of the first informant, aged about 7 years (hereinafter to referred to as "X") had gone to play on ground floor. After sometime, first informant heard cries of "X" and he along with Santosh Kumar, Kalka Prasad and his wife Urmila Devi came on that floor and peeped through window inside the room and saw that "X" was crying and lying flat, whereas the appellant-Gopal was committing rape upon her. Shiv Prasad and others knocked the door but after opening the door, accused-appellant Gopal Kumar ran away after pushing them. They saw blood was oozing out through private part of "X" and there was a wound on vulva of "X".

(3.) First informant lodged first information report exhibit Ka-8 by submitting written complaint exhibit Ka-1 at Police Station Sisa Mau, Kanpur on the same day vide G. D. entry no. 23. Victim "X" was sent for medical examination at Duffrin Hospital, Kanpur. As per M. L. C. Exhibit Ka-6 "X" following observations were noted by doctor regarding condition of "X":-