MAHABEER Vs. STATE OF U P

JUDGEMENT

(1.) THE applicant Mahabeer is involved in an offence punishable under Section 376 IPC. THE case crime was registered in P. S. Auras, district Unnao as case crime No. 78 of 1985.

(2.) THE prosecution case, mentioned in the First Information Report, briefly stated, has been that on 28-6-1985 at about 5 p.m., the applicant-accused committed rape on Km. Urmila, daughter of Hira Lal Chamar, once in Gonda and thereafter in another house and that on alarm of Km. Urmila, her father, Chotey and Mauji reached there and they witnessed the occurrence.

(3.) TNE medical report indicated that Km. Urmila has been a girl of about 12 years of age. Her periform in the wrist was found united. Lower end of radius and ulna was not fused. Her upper end of radius ulna and medial epicondyle were also not fused. She was medically examined on 29-6-1985 at 10.40 A.M. when her lebia majora and vovora found swollen, her hymen was torn ; the tear was extending laterally on right side and one inch deep in vagina. The vaginal smear which was sent was found dead and living spermatozoa.