WAHID HUSAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 31.8.79 passed by Sri Ramji Lal, the then IVth Additional District and Sessions Judge, Bareilly, whereby Appellant Wahid Husain has been convicted under Sec. 376, I.P.C. and sentenced to undergo R.I. for 3 years in Sessions Trial No. 171 of 1978.

(2.) The prosecution case as set out in the F.I.R., briefly stated, was that on 30.10.1977 Km. Maskooran, daughter of Wazir Shah had gone to collect the groundnuts from the field of Umrai. At about 4.00 p.m. Umrai was constructing a 'mend' of his field, while Smt. Maqboolan was cutting paddy in her field. The Appellant forcibly laid down Km. Maskooran on the 'mend' of his sugarcane field and committed rape on her. On a hue and cry raised by the girl, Umrai and Maqboolan attracted to the scene of occurrence. The accused who was wearing a 'tahmad' ran away from the place of occurrence. The girl was taken to her house. Badloo informant returned to his house in the evening, who was informed about the incident by the witnesses. Due to night he could not go to the police station. However, next morning he went to the police station Shahi, District Bareilly along with the victim Km. Maskooran where an F.I.R. was lodged by him at 9.30 a.m. A case was registered in the presence of S. I. Laxman Pushkaran (P.W. 5), who was entrusted to the investigation of the present case. He recorded the statements of the witnesses including the victim. He also inspected the spot and prepared a site plan. Later on the investigation was transferred to Ram Iqbal Singh, S.I., who after completing the remaining investigation submitted a charge-sheet in court against the accused.

(3.) Km. Maskooran was medically examined by Dr. Usha Agarwal (P.W. 6), who found her hymen torn recently at 3.00 and 6.00 O'Clock position. In the opinion of the Doctor, an attempt was made for committing rape by penetrating the penis in the vagina and in the opinion of the Doctor, the rape was probably committed at 4.00 p.m. on 30.10.77. She was advised X-ray to determine the age of the victim. On the basis of the X-ray report, the Doctor was of the opinion that the victim was aged about 12 years.