DEV SINGH Vs. STATE OF U P

JUDGEMENT

(1.) A. N. Dikshita, J. Appellant Dev Singh has filed against the judgment and order dated 27-4-87 passed by Sri R. M. Rai, I Additional Sessions Judge, Nainital in S. T. No. 20 of 1986 convicting the appellant under Section 376 I. P. C. and sentencing him to undergo R. I. for four years' and a fine of Rs. 2000,. In default of payment of fine the appellant was ordered to undergo R. I. for two months.

(2.) THE prosecution story is that Narain Dutt s/o Devi Dutt had gone out of his home to some relation. On 19-7-84 Km. Prem Lata had gone to educational institution at Bel Parao for her admission. Around 11 a. m. when she was return ing from the school she met Dev Singh s/o Dhan Singh near the farm of one Verma Ji where sugarcane was standing. Dev Singh forcibly took Prem Lats into the farm and made her fall on the ground, opened her nara of Salwar and raped her. THEre was much bleeding on account of this rape and the girl cried and on such noise and alarm Rama Devi mother of Prem Lata and her sister Deepa Rani rushed from their house. Dev Singh seeing Rama Devi and Deepa Rani fled towards the south. THE girl was in a bad state. She was taken by her mother and her sister to her house. THE Salwar which was blood-stained was washed on account-of inadvertence of Smt. Rama Devi. On 20-7-84 Narain Dutt father of the girl returned. THE mother and the sister on account. of her embarassment and shame did not lodge the report on the date of incident i. e. , 19-7-84. However Narain Dutt lodged the report with the police on 20-7-84 at 2 p. m. at outpost Bel Parao, P. S. Ram Nagar, dislrict-Nainital.

(3.) IN support of the prosecution case P. \v. 1 Prem Lata prosecutrix has Muted that she had left her house around 7 a. m. for getting admission in the school in Class IX. When she was returning from the school through Kachcha road and reached near the sugarcane field of one Varma Sahib, Dev Singh accused met her. She knew the appellant from before. The appellant forcibly took her m sugar-cane field and after opening the Nara of Salwar raped her by insert-ma her male-organ into her vagina. She experienced much pain and blood came out and flew on the thighs. Twice Dev Singh commuted intercourse forcibly She raised hue and cry. The appellant then stood up. On her cries her mother Rama Devi, P. W. 2 and her sister Deepa Rani reached the place. Dev Sihgh appellant then fled away. Her mother arid sister took her to their house. The tire facts were narrated by Km. Prem Lata, P. VV. 1 to her mother. She has rued that her father was not present at home and had gone to some relation. On k turn the next day she narrated the incident in entirety to her father. Her father look her to the police out- post Bel Parao where an F. I. R. was lodged. She was medically examined in the hospital at Ram Nagar. She has also stated that the Salwar that she was wearing, had blood-stains on it, but her mother had washed it. At the time of the incident when she was raped, she has stated that her ape was 13 years 4 months. This witness was put to a very grueling cross-examination but nothing emerged so as to discredit her testimony. Even in her examination she has stated that on account of this forcibly sexual intercourse much blood had out of her private part (vagina), it is thus evident that Prem Lata, P'. \v. 1 was raped much against her will and had never consented as she has her self deposed that the sexual intercourse was forcibly done.