SHAKTI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 9.9.2015 passed by Additional Sessions Judge/Special Judge (SC/ST Act), Basti in S.T. No. 75 of 2011 (State Vs. Shakti Singh) arising out of Crime No. 536 of 2011, under Section 376 I.P.C. and Sections 3(1)(xi) and 3(2)(iv) SC/ST Act, Police Station-Nagar, District-Basti, whereby the accused was found guilty and sentenced to 7 years rigorous imprisonment and Rs. 40,000/- fine with default stipulation.

(2.) Filtering out unnecessary details, the case of the prosecution is that one Hira Lal given a written report to the Station Officer, Police Station-Nagar, stating that on 17.6.2011 his daughter went to attend the call of nature. The accused Shakti Singh dragged his daughter in the fields of Ritesh Singh and raped her. The victim raised hue and cry, at which the wife of the informant reached on the spot and flashed torch light, at which the accused left the victim and fled away.

(3.) The ossification test of the victim was conducted by P.W. 7 Dr. C.B.N. Tripathi, who proved the x-ray plate as material Exhibit 1. The victim was medically examined by P.W. 5 Dr. Maya Devi, who did not find any external or internal injury. The vagina was admitting two fingers hardly. There was slight bleeding present and on touch uterus was paining. This witness proved the medical report as Exhibit Ka-6 and the supplementary report as Exhibit Ka-8. The pathological report proved as Exhibit Ka-7.