SANTOSH ALIAS MAHESH Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal ap ­peal has been filed by Sanotsh @ Mahesh son of Murli Raidas, resident of 108/93, P. Road, Sisamau, district Kanpur Nagar, against the judgement and order dated 6th April 2005 passed by Sri Vijay Pratap Singh, Additional Sessions Judge (Court No. 12), Kanpur Nagar in Sessions Trial No. 586/01, whereby the appellant has been found guilty and convicted under section 376/511 I.P.C. and has been sen ­tenced to undergo rigorous imprisonment for 7 years and fine of Rs. 1,000/has also been imposed on him with default stipula ­tion of 6 months imprisonment.

(2.) THE brief facts of the case are that the first information report Ex. Ka -1 was lodged by Smt. Manju wife of Patan at po ­lice station Nazirabad on 31st May 2001 at about 2 p.m. alleging that she had left her son Kamal and daughter Lalli in Kamla Nehru Park after feeding the daughter. The age of the daughter was about 8 months at that time. After some time her son Kamal came to her weeping and said that a man had slapped him and had snatched Lalli and was doing something in the bushes. At this the informant Smt. Manju and her un ­cle Chhabilal came to the park and saw that a person was lying on her daughter. They challenged him and when he tried to run away, he was apprehended. He disclosed his name as Santosh @ Mahesh son of Murli, resident of 108/93 P. Road Sesamau, Kanpur Nagar. The informant also noticed that blood was coming out from the private part of her daughter which she wiped of. According to the informant the accused had committed rape on her daughter.

(3.) THE girl Lalli was sent for medical examination to District Women Hospital and was medically examined by Dr. Pushpa Gurnani PW3 on 31.5.2001 at 5 p.m. The doctor did not find any external injury of Km. Lalli. The secondary sex character had not developed. She also did not find any mark of injury on her private part. The blood was not coming out from the private part. Hymen was intact. The vaginal swab was taken for pathological examination. The doctor has further stated that the age of girl was less than one year. She prepared injury report Ex. Ka -2 at the time of the medical examination. She also prepared supplementary report Ex.Ka -3 on 23rd June, 2001 and according to it no sperm dead or alive was found in the vagi ­nal swab. The girl was referred for medical examination of the injuries except private part to doctor in Government hospital.