HARI LAL VISHWAKARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 08.11.2011 passed in ST No. 570 of 2008 (State Vs. Hari Lal Vishwakarma) arising out of Crime No. 564 of 2008 under Section 376 IPC, PS Kotwali, District Azamgarh whereby accused appellant was found guilty sentenced to undergo ten years' rigorous imprisonment and Rs.10,000/ - fine under Section 376 IPC with default stipulation.

(2.) The prosecution story in brief is that one Badami Devi got lodged a report at the concerned Police Station that she left her daughter at her house and went to the house of her brother. In the mid of 11/12 May, 2008 Hari Lal raped her daughter in her house. On the next day, when she returned home, she came to know about the incident. She along with her brother and daughter went to the police station and lodged report.

(3.) The prosecution examined as many as six witnesses. PW -1 is Badami Devi, informant of the case. This witness proved the report as Ext. Ka -1. PW -2 is the victim. PW -3 is Dr. Anita Agrawal who medically examined the victim. As per the medical examination report the vagina was admitting one finger. Hymen was torn, old tags was present. The vagina was bleeding. There was no tenderness. She proved the medical examination report as Ext. Ka -2 and supplementary report as Ext. Ka -3 as well as the ossification test report as Ext. Ka -4. PW -4 is Dr. K.N. Pandey who proved the age of victim. PW -5 is Suresh Kumar Mishra, Sub Inspector who conducted the investigation. He copied the first information report, recorded statements of the witnesses, inspected the spot on the pointing out of the victim, prepared the site -plan which was proved by this witness as Ext. Ka -5. The investigation ended into a charge sheet which was proved as Ext. Ka -6. PW -6 is Constable Diwakar Prasad who scribed the chik report, which was proved as Ext. Ka -7. This witness further proved the copy of G.D. as Ext. Ka -8.