DAYA WAND Vs. STATE OF U P

JUDGEMENT

(1.) B. K. Sharma, J. That is an appeal against the judgment and order dated 18-2-1980 passed by Sri S. C. M. Tripathi, the then Vth Additional Sessions Judge, Azamgarh in S. T. No. 196 of 1977-State v. Dayanand under Section 376, IPG, P. S. Tharwa, District Azamgarh, whereby he con victed the accused-appellant Dayanand of the offence under Section 376, IPC and sentenced him to undergo R. I. for a period of 3 years and 6 months.

(2.) HEARD the learned counsel for the parties and perused the record.

(3.) SMT. Sudhiya was medically examined by the Medical Superinten dent of the women hospital, Azamgarh on 11-3-1979 at 5. 30 p. m. she found that her vagina admitted two fingers easily. Hymen torn and replaced by old healed granular tags. No sign of fresh injury present on her private part.