BABU RAM Vs. STATE OF U P

JUDGEMENT

(1.) MUKTESHWAR Prasad, J. This appeal by accused Babu Ram is directed against the judgment and order dated 1-4-1999 passed by Sri S. Chandra, the then Additional Sessions Judge, Moradabad whereby he convicted the accused under Section 376 IPC and sentenced him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 5,000. In default, he was ordered to undergo rigorous imprisonment for a term of one year. The Court further directed that amount of fine after realization shall be paid to the victim of rape.

(2.) ADMITTEDLY, accused Babu Ram was posted as a constable at P. S. Pakwara, District Moradabad in the year 1997. P. W. 1 Jai Pal Singh s/o Baldeo Singh a resident of village and P. S. Pakwara was residing in the house of Raja Ram Ruhela. Accused Babu Ram was also a tenant of Raja Ram in the same house. On 1-9- 1997 there was no power supply in the evening. Consequently, Jai Pal Singh alongwith his wife and daughter Km. Meenakshi aged about 10 years and his landlord Raja Ram Rehula were all sitting on the roof of the house. Constable Babu Ram was also sitting on the roof of his room. Meenakshi came down to urinate. It was about 8. 30 p. m. that power supply was restored, constable Babu Ram also came down on the ground floor. Babu Ram caught hold the girl and committed rape on her. On account of severe pain, she cried out which attracted her parents. They too came down. The accused dressed himself and ran away. There was profuse bleeding from the private part of the girl.

(3.) KM. Meenakshi was examined by Dr. Ranjana at 1. 30 a. m. on 2-9- 1997 who found hymen fresh torn. Tear was also found at 6'o clock position 0. 2 cm. x 0. 2 cm. The injury was bleeding on touch. She collected vaginal swab and sent the same for examination. Vagina was found to be red and congested.