KALLU Vs. STATE OF U P

JUDGEMENT

(1.) UNDER challenge in the instant criminal appeal is the judgment and order dated 08.02.2011 passed by learned Special Judge S.C./S.T. Act/ Additional Sessions Judge, F.T.C. No.5, District Hardoi, in Sessions Trial No.661 of 1998, relating to Case Crime No.26 of 1996, Police Station Tadiyawan, District Hardoi whereby the appellants -Kallu and Pahlu were convicted for the offence under Section 376 (2) (g) IPC and sentenced with rigorous imprisonment for a period of ten years and also with fine of Rs.1000/ - each, with default stipulation of 1 year's additional imprisonment. However, they were acquitted of the charge under Section 3 (2) (V) of the S.C./S.T. Act.

(2.) BRIEF facts necessary for the disposal of instant appeal are that on 05.03.1996 at 17:45 hours the complainant (hereinafter referred as victim) lodged an FIR at Police Station Tandiyawan, District Hardoi, alleging therein that on 04.03.1996 when she was collecting grass for cattles in the field of Jadubeer Singh at about 5.00 p.m., the appellants Kallu and Pahlu came to her and caught hold of her and they fell her on the ground and committed rape with her. On the alarm raised by the victim, Chhotakkey and other persons of the village and also the husband of the victim reached there and on the challenge of these persons the appellants ran away from the spot. After registration of the case the victim was referred for her medical examination. Her medical examination was conducted in District Women Hospital Hardoi on 06.03.1996 at 10.30 a.m. As per her medical examination report breasts were developed, pubic and axillary hairs were present and no mark of external injury was seen on any part of the body. Hymen was old torn and healed. Vagina admitted two fingers easily. Vaginal smear slides were prepared and sent for pathological examination and X -ray was advised for the determination of her age. On the basis of these reports, it was reported by the doctor that she was habitual to sexual intercourse and no opinion about rape could be given and her age was reported to be above 19 years. The Investigating Officer inspected the place of occurrence and prepared the site plan. After conclusion of the investigation charge -sheet was filed against the appellants.

(3.) THE case of the defence was that they have been falsely implicated in this case due to enmity.