NATHU RAM Vs. STATE OF U P

JUDGEMENT

(1.) The sole appellant Natho Ram @ Nathoo has come to this Court challenging his conviction under Section 376 I.P.C. and implanted sentence of five years R1 recorded by Session's Judge, Kanpur Dehat (earlier Non-Metropolitan Area) vide impugned judgment and order dated 31.3.1982 recorded in ST. No. 470 of 1981, State v. Natho Ram.

(2.) In short, prosecution allegation against the appellant is that on 29.5.1981 at 6,00 P.M. he had outraged the chastity of a young damsel aged about 12 years namely Km. Kesar P.W.2, daughter of informant Sone Lal P.W.1, near a pond situated in village Taranpur, P.S. Bhognipur, district Kanpur Dehat.

(3.) Medical examination of the victim Km. Kesar was conducted by Dr. Smt. Lata Mehrotra P.W.4, who had prepared her medical examination report Ext. Ka-2 and supplementary report. Attire of the victim has been proved by her as material Ext. 1. X-ray of the victim was conducted by Dr. H.C. Prasad P.W. 5, who has proved the X-ray plate Ext. Ka-3 and its report Ext. Ka-4. According to the doctor, victim was 12 years of age.