STATE OF U P Vs. RAMESH HARIJAN

JUDGEMENT

(1.) AMAR Saran, J. Renu, a five or six year old girl, had been sent by her mother Smt. Batashi Devi, resident of village Hahi to stay with her maternal grandmother Smt. Phulpatta in village Muradipur. The two villages were about 2 1/2 miles apart and fell in the same police station Haraiya. The child had been sent by her mother to live with her grandmother because her grandmother was a poor old widow who was virtually blind and Renu could have been of some help to her grandmother. As Smt. Phulpatta house had fallen down she used to sleep in the house of accused-opposite party Ramesh son of Manteku.

(2.) IN the morning of 30-1-1996 Renu was found lying dead on her cot in the house of Ramesh. When the information of the death of Renu reached her mother Batashi Devi, she came from her village Hahi to village Muradipur and on being informed that her daughter had died in the night due to paralysis she buried the dead-body by the side of the Manorama river with the help of some villagers. Thereafter, it appears that Smt. Batashi heard a rumour that her little girl had not died from paralysis but had actually been raped and murdered by the respondent Ramesh. This prompted Smt. Batashi to return to village Muradipur where she was informed by Shitla Prasad Verma, Jata Shanker and other persons of the village Muradipur that her daughter had been raped and murdered by Ramesh. Thereupon with the aid of the village zamindar Kunwar Dhruv Narain Singh she proceeded to lodge a report at police station Haraiya on 2-2-1996 at 6. 10 p. m. , which inter alia contained the above mentioned disclosures, and expressed a suspicion that her daughter had been raped and murdered, and for ascertainment of the truth it was necessary that her daughter's dead-body be exhumed from the ground and post-mortem be conducted on it.

(3.) THE internal examination of the supra pubic region on opening the abdomen revealed that blood and gases were present and the lower part of the uterus had a bloodstained tear 1 cm by 1 cm. THE cause of death was shock and haemorrhage. According to the doctor the death could have taken place on 30-1- 1996 between 9 or 9. 30 p. m. and that he opined that if a hard object like a human penis was inserted in the vagina it could have caused the injuries Nos. 7 and 6. THE doctor took superficial and deep vaginal smears and swabs and handed them over to the police for pathological examination. THE serologist report dated 29-3-1996 showed that the vaginal swab and vaginal smear as also the piece of white cloth and a piece of kathari on which the deceased was lying and which had been cut out by the Investigating Officer contained human blood. THE kathari, white cloth and vaginal swab also contained human spermatozoa.