BOBBY Vs. THE STATE

JUDGEMENT

(1.) Sri Sanjai Kumar Singh, learned counsel for the appellant, Sri Chandra Shekhar Pandey, learned A.G.A. for the State were heard.

(2.) The instant criminal appeal has been preferred by the appellant -Bobby @ Guddu challenging the judgment and order dated 18.10.2005 passed by learned Additional Sessions Judge/F.T.C. IV, Lucknow, in Sessions Trial No. 46 of 2004, arising out of Case Crime No. 3 of 2003, under Sec. 376 IPC, Police Station Hasanganj, District Lucknow, whereby the appellant Bobby @ Guddu was convicted for the offence under Sec. 376 IPC and was sentenced with imprisonment for life and also with fine of Rs. 10,000/ - with default stipulation of six months' additional rigorous imprisonment. However, he was acquitted of the charge under Sec. 506 IPC.

(3.) In brief, the case of the prosecution as disclosed in the FIR dated 07.01.2003, by complainant Mohd. Mukeem was that on 06.01.2003 his sister -in -law aged about 12 years (hereinafter referred as victim) who was living with the complainant for the last about one month, at about 8:00 p.m. while playing, went inside the house of Aiyaaz which is situated in front of the house of the complainant. At that time, the appellant who happens to be friend of Aiyaaz was also present at the house of Aiyaaz and the wife of Aiyaaz was not present in the house. Getting the opportunity the appellant Bobby @ Guddu committed rape with the victim on which she raised alarm. Hearing the noise of the alarm the wife of the complainant namely Azijulnisha went inside the house of Aiyaaz and found that the appellant was committing rape with the victim and she was lying and crying. The wife of the complainant made an effort to apprehend the appellant but he was successful in making good his escape from there. The salwar of the victim was blood stained. The FIR of this case was registered on 07.01.2003 at 13:30 hours. The distance of the police station was about 2 kilometers. After registration of the case the victim was referred for her medical examination which took place at Women Hospital, Lucknow. As per medical examination report her height was 54.2 inch and weight was 55 pounds and her teeths were 6 +7/7 + 7. Pubic and axillary hairs were scanty. No mark of any injury was found on any external part of the body. On internal examination hymen was found to be torn. Margins were red and vagina admitted two fingers. A laceration of 1/2 cm size was present at 6 O'clock position in vagina and it was bleeding on touch. She was referred for X -ray for determination of her age. Vaginal smear slides were also prepared and sent for pathological test. On the basis of aforesaid tests no spermatozoa was found in the vaginal smear slide and age of the victim was reported to be around 12 years and the injury was reported to be suggestive of rape or any act of like nature.