KAILASH Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 25.03.2013 passed by learned District and Sessions Judge, Sant Kabir Nagar in ST No. 168 of 2011 arising out of crime No. 1088 of 2011 (State v/s. Kailash) under Sec. 376 IPC, Police Station Bakhira, District Sant Kabir Nagar, whereby appellant was found guilty and sentenced to seven years' rigorous imprisonment and a fine of Rs. 10,000/ - with default stipulation.

(2.) As per the prosecution version, the informant Indu Umar is resident of village Bhidaura -Pikaura, Police Station Bakhira, District Sant Kabir Nagar. On 21.08.2011 at 9:30 PM, his daughter's daughter aged about 13 years had gone with her younger sister aged five years to attend the call of nature. Suddenly, accused Kailash caught his daughter's daughter, stuffed her mouth with clothes and raped. When the girl returned, she narrated the incident to her family members, who lodged the first information report. Thereafter, the victim was medically examined by Dr. Usha Srivastava PW -5, who did not find any external or internal injury on the body of the victim. Hymen was old torn and the vagina was admitting two fingers. The report was proved by this witness and marked as Ext. Ka -5. The age of victim was found to be above 18 years. This report was marked as Ext. Ka -6. Dr. Dharmendra Kumar, Radiologist, PW -6 conducted ossification test on the victim and proved his report as Ext. Ka -7. PW -7 is Investigating Officer Rudal Yadav, who conducted the investigation. He recorded the statement of the victim, her auntie and other witnesses. He sent the victim for medical examination and the investigation ended into a charge sheet, which was proved by this witness as Ext. Ka -12. The docket sent to the Forensic Lab Examination by this witness was proved as Ext. Ka -9. The charge sheet was proved as Ext. Ka -10. The clothes of the victim were taken into the possession and recovery memo was prepared, which was proved by this witness as Ext. Ka -2 and Salwar is proved as material Ext. - 1.

(3.) Besides this, the prosecution examined PW -1 Indu Umar, the informant who proved the written report as Ext. Ka -1. PW -2 victim, PW - 3 Sheela and PW -4 Constable Awadhesh Kumar, who scribed the chik, which was proved by this witness as Ext. Ka -3. Copy of GD was proved as Ext. Ka -4.