STATE OF U P Vs. PADAM SINGH

JUDGEMENT

(1.) S. N. Sahay, J. This is an appeal by the State against the order of sri J. V. N Jaiswal, Addl. District and Sessions Judge, Saharanpur dated 27. 6. 80 acquitting Padam Singh respondent under Section 376 I. P. C. in Session Trial No. 87/80.

(2.) THE prosecution case is that Premwati (PW1) is the daughter of Ratnoo resident of village Nayagaon Police Station Rampur District Saharanpur. On February 4, 1980 at about noon the respondent came to the house of Premwati and asked Premwati and her cousin Rajendra to come to his field for cutting Barseem. Premwati was aged about 11 years at that time. Both Premwati and Rajendra went with the respondent to his field and cut Barseem for about 1 1/2 hour. Rajendra at the instance of the respondent took a bundle of Barseem and went away for keeping the same at the house of the respondent. After Rajendra had left, Premwati was taken to the adjoining sugar cane field of Niranjan by the respondent. In that field, the respondent caused Premwati to lie down on the ground, took off his Paijama, pulled down the salwar of Premwati and committed rape on her. THE salwar of Premwati got stained with blood. Lotan (PW 2) Pirthi (PW 3) and others arrived at the spot on hearing cries of Premwati. THE respondent took his paijama and ran away on seeing them.

(3.) THE report of Dr. (Smt.) Sharma dated February 5,1980 shows that vaginal smear was taken and sent for microscopic examination. Blood stains were present on the Salwar of Premwati was wearing and it was directed that it should be sealed by police. Pathological report dated 5. 2. 80 was that no spermatozoa was seen (dead or alive ). In her report dated 6. 2. 80 Dr. (Smt.) Sharma, after referring to the pathological report, stated that no definite opinion can be formed about rape.