RAJ KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 17.8.1982 passed by IInd Additional Sessions Judge, Saharanpur in Sessions Trial No.245 of 1981, State vs. Raj Kumar whereby the trial court had convicted the accused appellant of the charge under Section 376 IPC and sentenced him to undergo rigorous imprisonment for 3 years.

(2.) This is the case of rape, so the word 'prosecutrix' will be used in place of the name of the victim girl hereinafter in the judgment.

(3.) The prosecution case, in brief, is that the prosecutrix aged about 12 years had come to her sister's matrimonial house in village Karali as delivery to her sister was to take place. Her sister Vidya Wati is married to Tellu complainant. At about 3 p.m. on 14.7.1981 the prosecutrix went to bring grass from the field of Phullu Singh along with Raj Kumar accused where Raj Kumar is alleged to have committed rape on her. On the alarm of the prosecutrix, Rohtash, Suresh and others reached there who witnessed the occurrence and recognised the accused. On seeing them the accused started running away leaving the prosecutrix there. He was chased by the witnesses but could not be caught. Suresh informed Tellu complainant, who took the prosecutrix to the hospital and got her injuries examined on the same day at 8 p.m. by Medical Officer Incharge Primary Health Centre, Rampur. Her medical examination was again done on 15.7.1981 by Dr. M.D. Sharma, Medical Officer of District Hospital, Saharanpur who sent the girl for x-ray examination. On the basis of the medial reports and the x-ray report, the age of the girl was found to be about 12 years only.