JAI PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been preferred by Jai Prakash against the judgment and order dated 18.9.2006 passed by Additional Sessions Judge, Court No. 2, Aligarh in S.T. No. 585 of 1998 whereby he found the appellant guilty under Sections 366 and 376, I.P.C. and sentenced him to undergo rigorous imprisonment for five years and seven years respectively. He also imposed fine of Rs. 1,000 and 2,000 respectively under these sections and directed the appellant to undergo additional imprisonment for one month and two months in default of payment of fine. He further directed that both the sentences shall run concurrently. The appellant has been acquitted of the charge under Section 363, I.P.C. The co-accused Malkhan has been acquitted of the charges under these sections.

(2.) IN this case, Shankerpal, resident of village Chirolia, lodged a written report (Ex. Ka-1) on 26.5.1997 at P.S. Quarsi, Aligarh alleging that his minor daughter aged 15 years and niece aged 14 years (daughter of his brother Ramswaroop) had gone to ease themselves in the day time at about 12 in the jungle and alongwith them small children had also gone. After some time the children returned and told that Malkhan son of Om Prakash and Jai Prakash son of Ram Prakash Jatav (the appellant) had kidnapped these two girls and had taken them in a Maruti car towards Aligarh. The accused are also the residents of village Chirolia, P.S. Quarsi. Ramswaroop and Thakurdas, who were returning from Aligarh to the village saw that the two girls and the accused Jai Prakash and Malkhan were sitting in the car. The report was lodged the same day at 3.15 p.m.

(3.) P.W. 8 Dr. Yamna Sharma was posted as Medical Officer in Government Female Hospital, Aligarh on 29.8.1997. She examined prosecutrix P.W. 4 at 1.00 p.m. and found that the hymen was torn and old tear was present. It admitted two fingers easily. Vaginal smear was taken for pathological examination and X-ray was also advised. According to Dr. Sharma she was habitual of intercourse. The medical report is Ex. Ka-8. Dr. Sharma prepared the supplementary report (Ex. Ka-9) on 18.11.1997 and according to this report the epiphysis of right elbow joint, the right knee joint and the distal ends of right ulna and radius bones had fused and according to the doctor the age of the girl was 18 years. She had undergone recent intercourse.