RAM DAS Vs. STATE

JUDGEMENT

(1.) Under challenge in the instant appeal is the judgment and order dated 06.04.1998 passed by Third Additional Sessions Judge, Rampur, in Sessions Trial No.109 of 1997 arising out of Case Crime No.681 of 1996, Police Station Civil Line, District Rampur, whereby the appellant was convicted for the offence under Section 376 IPC and was sentenced to undergo imprisonment for life and also with fine of Rs.5,000/- with default stipulation of one year's additional rigorous imprisonment.

(2.) The facts of this case are very shocking. Appellant Ram Das, who happens to be the step father of the victim, is alleged to have committed rape with her while she was only aged about 10 years. The first information report of this case was lodged by Smt. Meena, wife of the appellant.

(3.) As per the first information report, the case of the prosecution was that on 28.09.1996, the complainant Smt. Meena had gone to Gandhi Ashram to thread the quilts. Her daughter (hereinafter referred to as victim) and her husband Ram Das were present in the house. At about 1.00 PM, her husband came to Gandhi Ashram in a disturbed condition and informed her that the victim has been seriously injured by the hit of horn of a goat. Getting this information, the complainant immediately came to her house and then she found that there was profuse bleeding from the private part of the victim and the victim was in an unconscious condition. She immediately took the victim to Meena Hospital situated in State Bank Colony. The doctor after giving the first aid, send the victim back. Thereafter, in the evening at about 7.00 PM, bleeding again started, so the complainant immediately took her to the District Hospital, Rampur., where the doctor immediately got her admitted and ultimately on 01.10.1996 at 12.00 Noon, she was discharged. Since the victim was telling that she has received injury by the hit of horn of a goat, therefore, no first information report was lodged. But after discharge when the victim came back to her house then she told the complainant that her father has committed rape with her after extending threats on knife point. She was threatened that in case she disclosed this incident to any person then she and her mother shall be killed. After getting this information from her daughter, the complainant got the first information report scribed by one Arshi Irani and thereafter the same was filed at the police station on 06.10.1996 at 00.05 hours. On the basis of this first information report, the investigation started. The victim was medically examined on 06.10.1996 at 02.00 PM in District Women Hospital, Rampur by PW-3 Dr. (Smt.) Savitri Naroola. According to the medical examination report, no injury was seen on any part of the body of the victim. Her height was 3' 11", weight was 23 kg and teeth were 13/13. No axillary and pubic hairs were present and breasts were not developed. On internal examination, no injury was seen on or around the private parts of the victim. Hymen was torn. Vagina just admit tip of little finger with difficulty. It was also mentioned that the patient was admitted in the hospital on 29.09.1996 at 08.15 PM as a case of accidental injury. Vaginal smear was taken and sent for hystopathological examination. The victim was referred for X-ray for determination of her age. On the basis of these tests, by means of supplementary report, the age of the victim was reported to be above 9 years. However, no exact opinion regarding rape could be given. The place of occurrence was inspected and site plan was prepared. The skirt of the victim was taken into custody and its memo was prepared. After completing the investigation, charge sheet was filed against the appellant.