RAM LAL GAUTAM Vs. STATE OF U P

JUDGEMENT

(1.) UNDER challenge in this appeal is the judgment and order dated 16.10.2012 passed by the learned Additional Sessions Judge, Court No. 34, Barabanki in Sessions Trial No. 99 of 2012 arising out of case crime no. 99 of 2012, under Section 376 and 506 I.P.C. Police Station Dewa, District Barabanki whereby the 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 six months additional imprisonment. For the offence under Section 506 I.P.C. The appellant was acquitted.

(2.) BRIEF facts necessary for the disposal of the instant case are that complainant lodged an F.I.R. on 27.1.2010 at Police Station Dewa, District Barabanki against Ram Lal stating therein that on 18.1.2010 his niece (hereinafter referred as to victim) aged about 14 years was alone in the house and her parents were in the field. At about 2:00 p.m. appellant Ram Lal trespassed into the house and committed rape with the victim. Hearing the cries of the victim one Rajendra and Shukru reached the place of occurrence and the appellant ran away extending threats of dire consequences. On the basis of this F.I.R., the case was registered. During investigation, the victim was referred for her medical examination. Her medical examination was conducted on 28.1.2010 at about 11:00 a.m. at District Women Hospital, Barabanki. In her medical examination, the teeths were 8+7/7+7. Axillary hairs were presnet. Breast were developed. No external mark of injury was found on the person or on her private part. Hymen was old torn. Vaginal smear slide was prepared. The victim was referred for x -ray for determination of age. After the aforesaid tests, by means of supplementary report, no definite opinion regarding rape was given and the radio -logical age of the victim was reported to be around 14 years.

(3.) AFTER investigation, the police submitted charge sheet against the appellant.