PUTTAN Vs. STATE

JUDGEMENT

(1.) PUTTAN alias Ram Bahadur Singh has filed this appeal against the judgment and order of the First Civil and Sessions Judge, Fatehpur, convicting him under Section 376. I. P. C. and awarding him a sentence of live years' rigorous imprisonment.

(2.) THE prosecution story 13 that oh September, 25, 1966 Sukhhandaii Prasad, the complainant, had gone to Sheorajpur to take bath in river Ganga in the early morning at 6 a. m. During his absence his minor daughter. Km. Meena, who is said to be thirteen or fourteen. years of age went to ease herself in a field towards the railway line at about 7 in the morning. When she was returning, she was forcibly dragged by the appellant in a field having Jwar, arhar, till and mung crops belonging to one Chheda Singh. There the appellant committed rape on Meena. Attracted by the shrieks of the girl, Ram Manohar Singh (P. W. 2 ). Sheo Baran Singh (P. W. 8) and one Ram Autar Singh appeared on the scene and saw the appellant actually committing sexual intercourse with the girl. On seeing the witnesses the appellant ran away. He was chased by the witnesses till he entered his house. The witnesses then went to the house of the father of the girl and narrated to the mother of the girl the whole story. Then the witnesses saw the appellant going towards the G. T. Road with a Ballani. He was again chased but he escaped and locked himself inside a room of a petrol depot situated at Chaudagarh. The witnesses and other persons; however, surrounded, the place and did not allow him to run sway. In the meantime Sheo Baran Singh (P. W. 8) went on cycle towards Shivrajpur to inform Sukhnandan Prasad about the incident. He met him in the way and narrated' hira the occurrence, Sukhnandan Prasad went to the house and after ascertaining the facts from his daughter went to the police station Kalyanpur where he lodged a first information report at about 10. 35 a. m. The investigation was taken up by Ram Swarup Singh Second Officer S. T. He accompanied by the Station Officer reached Chaudahgarh and arrested the appellant from the room at the petrol depot. They interrogated certain witnesses and later visited the scene of occurrence. A site plan was prepared with the help of the girl and the other witnesses. The usual investigation was then carried out. The girl was sent for medical examination, to Dr. Sohni Misra. Medical Officer of the Dufferin hospital. The dhoti of the girl was sent to the chemical examiner, Agra, who reported that it was stained with blood, and spermatozoa. The Imperial Serologist, Calcutta reported that the blood was human blood,

(3.) THE prosecution has examined altogether nine witnesses arid has also tendered evidence of some formal witnesses of affidavits under Section 510-A Cr. P. C. P. W. 1 Sukhnandan Prasad proved his report which is in his own hand-writing. This report contained a detailed narration of the whole incident. He also stated that the girl was aged thirteen or fourteen years.