RAM SWARUP Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a revision against the judgment and order dated 4-9-1982 of Sri Parduman Kumar, the then VIII Addl. Sessions Judge (Higher Criminal Court), Badaun whereby he dismissed Criminal Appeal No. 236 of 1981 preferred by accused Ram Swarup against the judgment and order dated 26-9-1981 passed by Sri B. B. Agrawal, the then Assistant Sessions Judge, Badaun in S.T. No. 80, of 1980 convicting the accused-revisionist for the offence under Section 376, I.P.C. and sentencing him to undergo rigorous imprisonment for a period of two years.

(2.) The prosecution story was that Ram Swarup Accused-revisionist was a partner in agriculture of Smt. Indira, a widow, that on 28-4-1978, in, the evening time at about sun-set accused-revisionist Ram Swarup went to the house of above mentioned Smt. Indira and asked her to accompany him so that common Bhusa could be divided; that Smt. Indira sent her daughter Km. Champa prosecutrix, aged about 14-15 years along with the accused-revisionist Ram Swarup; that when the prosecutrix was returning back after the division of Bhusa and accused-revisionist was behind her in a cart, he called the prosecutrix to help him to pull the wheel of the cart which had got struck in the earth; that When she (Km. Champa) reached near the cart, the accused-revisionist caught-hold of her and told her that he had set his heart on her for a sufficiently long time and that it was his luck that she was available that day; that after it, he and his companion Suresh co-accused forcibly dragged her in a nearby field and both of them committed rape on her; that on her cries, her mother, namely Smt. Indira and P.Ws. Ram Singh and Lakhpat reached the spot and saw the occurrence; that on seeking (sic) them, both the accused ran away. Smt. Indira moved an application to the Superintendent of Police, Budaun about the occurrence on the basis of which a case was registered at the police station and investigation was started.

(3.) The Medical examination of the prosecutrix was made by lady Dr. Swatantrawala Agrawal on 29-4-1978 at 6.00 p.m. at the Women's Hospital, Budaun. She found contusion 2" in length x 1.5" on right side angle of her mouth. She also found contusion 1" x 1" on left side angle of her mouth. Both lips were swollen. Her hymen was torn and admitted two fingers easily but fresh injury was present thereunder which bleeded on touch". X-ray examination was made in respect of her right elbow and right wrist-joint. It revealed that the medical epicondyle of humerus was in process of fusion with the respective diaphysis and that the lower end of radius and Ulna had not fused with their respective diaphysis. In the opinion of the lady doctor, the age of the prosecutrix was between 14-15 years and the injuries of genitals were simple caused by friction and blunt object and may be due to sexual intercourse and that the external injuries found could came by friction or by blunt object or by pressing the mouth.