AMERIKA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 1-5-2000, passed by Sri Brahm Singh, learned Sessions Judge, Kushinagar at Padrauna in Session Trial No. 96 of 1998, convicting the appellant under Section 376, IPC and sentencing him to three years rigorous imprisonment over and above incarcertaion of two years or so already undergone by him.

(2.) The prosecution story, briefly stated, was that on 16-9-98 at about 10.00 a.m. Km. Sushila, PW2, aged about ten years, sister of the complainant Bahoran Pal, P.W. 1 was watching her maize crop. Appellant Amerika called her for lifting bundle of maize crop. She went there and observing the bundle of crop showed her inability to lift it. Thereafter the appellant took her inside a sugarcane field, where he committed rape on her. She raised alarm and on her alarm her brother Bahoran Pal, PW1 and uncle Vishwa Nath came there. Observing them the appellant ran away leaving the prosecutrix on the spot. Her vagina was bleeding and blood had also fallen on her clothes and on the spot. Bahoran Pal PW1 took the prosecutrix to his house and thereafter went to police station and lodged a written report, on the basis of which a case was registered under Section 376, IPC against the appellant. The prosecutrix was sent to Female Hospital, Gorakhpur, where she was medically examined at 12.00 in the night by Dr. Raksha Rani Tiwari, P.W. 3 who found that there was second degree perineal tear. Hymen torn, fresh bleeding from margins seen. Central perineal tear skin and muscle deep bleeding 3 cm lacerated wound found. Margin irregular. As per vaginal examination she found second degree perineal tear Hymen torn Vagina admitted one finger with difficulty. Bleeding present. Vagina full of clots. The Doctor prepared medical report Ext. 5. X-ray examination of the prosecutrix was also done and according to the X-ray examination report her age was found about 10-12 years.

(3.) Investigation of the case was taken by SI Sri S. P. Singh and thereafter by Virendra Vikram Azad who after investigation submitted a charge sheet against the appellant.In the trial the appellant pleaded not guilty and contended that he was falsely implicated due to election rivalry between his father and Bahoran Pal.