PAHALWAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The appellant Pahalwan Singh has been convicted under Section 376 read with Section 323 IPC for physical assault and rape arising out of Case Crime No. 167 of 2008 in Sessions Trial No. 371 of 2008 P.S. Ghatampur District Kanpur Nagar to undergo life imprisonment coupled with fine of Rs. 5,000/- and in default to undergo further one year imprisonment. An additional 6 months rigorous imprisonment has also been awarded for having committed the offence under Section 323 IPC. All the sentences are to run concurrently.

(2.) The incident involves a nine year old girl daughter of one Ran Vijay who is the eldest brother of the first informant Rakesh Singh. The allegation contained in the F.I.R. is that on 21st April, 2008, the victim who had gone to attend a marriage ceremony at her cousin brother's place in village Balahapara was returning back in the company of the appellant when she was assaulted and then raped at about 07:00 pm in the evening of the same day. The FIR further narrates that the cries raised by the victim had attracted the attention of two passersby namely Sunil Singh and Dharmendra Singh who rushed to the spot, and saw the appellant running away after committing the act and leaving behind the victim in an injured state. The FIR also narrates that the said witnesses were coming from village Balahapara when they saw this incident. The victim was taken to the hospital and then to the police station where the FIR is stated to have been lodged at 11:10 pm on the same day.

(3.) The medical examination was also conducted at about 11:35 pm at Community Health Center, Ghatampur by the Medical Officer Dr. Amar Singh who has been examined as PW-5. He has noted 6 injuries, and for injury No.6 he has noted the complain of bleeding by the victim and then advised her for expert examination at the Dufferin Hospital at Kanpur.