RAIS PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 7.11.1981 passed by Additional Sessions Judge, Budaun in S.T. No. 221 of 1979 (State Vs. Raees Pal) arising out of Crime No. 93 of 1979, under Section 376 I.P.C., Police Station-Dataganj, District-Budaun, whereby the learned trial court found the accused guilty under Section 376 I.P.C. and sentenced him to undergo imprisonment for a period of four years.

(2.) As per the prosecution case, Tribeni Jatav, father of the informant lodged a report at police station stating that on 12.3.1979 the victim aged about 8 or 10 years was looking after her father's fields, the accused Rais Pal came to the fields of the informant and dragged her towards the boundary of the fields and raped her. When the victim raised alarm Sohan and Bilasi came, who saw the accused committing rape on the victim. Sohan and Bilasi tried to apprehend the accused, who fled away. The victim narrated the incident to the witnesses. On the date of occurrence, since it become dark and it was late so he did not go to the police station to lodge the report, which was lodged on 13.3.1979

(3.) On the basis of this F.I.R., chik report was proved by P.W. 4 S.I. Munshi Lal, who also was the Investigating Officer. He inspected the spot and proved the site plan as Exhibit Ka-3. He deposited the clothes of the victim at the police station. The recovery memo was prepared by the Constable, which was proved by this witness as Exhibit Ka-4. This witness proved the charge-sheet. Dr. S.B. Agarwal P.W. 5 examined the victim, who opined the age of the victim to be 8 years. The hymen was ruptured and the girl was bleeding. This witness proved the medical report as Exhibit Ka-5 and opined that the victim could have sustained injuries due to sexual assault.