STATE OF U P Vs. CHHATRASAL

JUDGEMENT

(1.) K. S. Rakhra, J. This is an appeal under section 378 (1) of Criminal Procedure Code against the judgment and order dated 17. 1. 1983 in Sessions Trial No. 54 of 1982 passed by additional Sessions Judge Lalitpur, whereby respondent Chhatrasal was tried for an offence punishable under section 376 IPC and has been acquitted by the Trial Court. Leave to appeal was granted by the High Court on 29. 10. 1984 after condoning the delay.

(2.) THE case arises out of the incident which took place on 30. 9. 1980 at about 4. 00 p. m. in village Khiriya Chhatara of Police Station Wanpur District Lalitpur. THE first information report in the matter was lodged by Km. Kantoo, the victim herself at Police Station Lalitpur on 1. 10. 1980 at 7. 15 a. m.

(3.) SMT. S. Kaur, Medical Officer Mahila Chikitsalaya Lalitpur conducted medical examination of Km. Kantoo at about 9. 00 a. m. on 1. 10. 1980. The doctor found that victim was thin built girl aged about 10 years with her weight being 23 Kg. and teeth 13-13, breast started developing while axillary and pubic heir had not developed. The doctor also found clotted dry blood on her private parts, back of the buttocks top to the toe of the both feet. Following injuries were found on her person.