SUBRATI Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 11.08.1995 passed by IIIrd Additional Sessions Judge, Sultanpur, in S.T. No. 250 of 1990 (State vs. Subrati), under Section 376 I.P.C., P.S. Musafirkhana, District Sultanpur, whereby the accused appellant was convicted and sentenced to 7 years rigorous imprisonment under Section 376 I.P.C.

(2.) Filtering out unnecessary details, the prosecution case is that a report was lodged by the victim stating that she was aged about 10 years. On 16.03.1990, she had gone to the fields for some work. In the adjoining fields, the accused was collecting grass. The accused came to the victim and requested her to accompany him so that he would give her plums. The victim refused. At which the accused picked up the victim, pressed her mouth and took her towards the western side. He dropped her on the ground, took off all her undergarments and raped her. The victim raise hue and cry at which, the accused fled away. The victim was bleeding. After some times, the mother of the victim came on the spot and brought back the victim to her house, at which the first information report was lodged. On the basis of first information report, the investigation commenced.

(3.) The prosecution examined as many as 7 witnesses. PW-1 is the victim, who proved the first information report as Exhibit Ka-1. PW-2 is Smt. Rampata, the mother of the victim. PW-3 is Kalicharan who went to the police station with the victim and lodged the report. PW-4 is Brijlal who proved the memo by virtue of which blood stained and plain earth was collected by the I.O. which is Exhibit Ka-2. Further the blood stained undergarments of the victim was taken into possession in the presence of this witness. The recovery memo was proved by this witness as Exhibit Ka-3. PW-5 is Dr. Talat Jahan who examined the victim and found the following injuries on the body of the victim:-