ANGNU LAL Vs. STATE OF U P

JUDGEMENT

(1.) UNDER challenge in the instant appeal is the judgment and order dated 28.7.2005 passed by the learned Additional Sessions Judge, Court No. 5, Lucknow in Sessions Trial No. 777 of 2003 arising out of Case Crime No. 9 of 2003, Police Station Mandion, District Lucknow whereby the present appellant was convicted for the offence under Section 376 I.P.C. and was sentenced to undergo rigorous imprisonment for a period of ten years and also with fine of Rs. 2,000/ - with default stipulation of 15 days simple imprisonment.

(2.) BEFORE proceeding further with the matter, this Court considers it necessary to mention the inter se relationship of the victim with the appellant. Appellant Angnu is the first cousin of the mother of the victim and therefore, he is the maternal uncle of the victim of the instant case.

(3.) AS per the prosecution case, the victim was a minor girl aged about 14 years. On 05.01.2003, appellant Angnu came to the house of the complainant, who happens to be the father of the victim and told him that there is one boy in Lucknow with whom he has proposed for the marriage of the victim. But the family members of the said boy wants to see the girl in Lucknow. Since the appellant was closely related with the victim, therefore relying on him, the complainant sent his minor daughter along with the appellant. The complainant was resident of village Kamoliya, Police Station Atariya, District Sitapur, while the appellant is original resident of village Chaturabagh, Police Station Itanunja, District Lucknow. While he was residing with his family in village Sultanpur, P.S. Mandion, District Lucknow. On 14.1.2003, the victim alone came back to her parental home. She was in a disturbed condition and was weeping. She told her parents that the appellant, under threat, has committed rape with her. He did not permit her to go out of the house. Any how she managed to run away from there. Thereafter F.I.R. of this case was lodged on 16.1.2003 at 14:30 hours. The victim was medically examined by Dr. Renuka Mishra. Her medical examination took place on 16.1.2003 at 3:00 p.m. In Women Hospital, Lucknow. As per her medical examination report, no external injury was found on her person. Breasts were developed. Axillary and pubic hairs were present. No injury on private part was present. Vagina admitted two fingers easily. Hymen was torn and healed tears were present. No bleeding or discharge was found. Vaginal smear was sent for pathological test and victim was referred for x -ray. As per supplementary report, no definite opinion regarding rape was given. The victim was reported to be habitual to sexual intercourse. Her age was reported to be around 16 years.