SADIQ ALL Vs. STATE

JUDGEMENT

(1.) APPELLANT Sadiq Ali has filed this appeal from Jail against his conviction under Section 376, I. P. C. and the sentence of imprisonment for life awarded to him by 1st Addl. Sessions Judge, Rampur, vide judgment dated 21st August, 1995 in Sessions Thai No. 81 of 1994.

(2.) THE prosecution case in brief is that on 12th December, 1993 at about 1. 00p. m. the accused committed rape on his own daughter Km. Shahana aged about 11/12 years. The accused did so by threatening the girl with a pistol. According to prosecution the son and wife of the ac cused had gone to the jungle for bringing grass and the accused was alone in the house with his daughter Km. Shahana. Taking advantage of the absence of his son and wife, the accused committed rape on Km, Shahana and she narrated the inci dent to her mother and brother when they came back from the jungle at about 3. 00 p. m. Asif Ali (P. W. 2), son of the accused and Asghari (P. W. 3), wife of the accused, found Km. Shahana lying on the cot and her clothes were blood -stained. She started weeping on seeing her mother and brother and when she was asked why she was weeping she told that her father had committed rape on her. Asghari and Asif Ali also started weeping and on hearing the noise Kalloo reached there and - took the girl to the police station. Ram Ghulam Srivastava (P. W. 5) recorded the F. I. R. and took the shalwar of Km. Shahana in his possession. The clothes were sealed and Km. Shahana was sent to Women Hospi tal, Rampur with Sub -Inspector Omvir Singh and constable Devendra Singh. On the same day, i. e. on 12 -12 -93 at about 10 p. m. Km. Shahana was examined by Dr. Savitri Narula who found the hymen of the girl torn. There was bleeding from the vagina and swelling on the posterior wall of the private parts. There was clotted blood in the vagina due to which the ex amination of the girl was painful. The girl was sent for X -ray examination for deter mining her age and after X -ray examina tion her age was found to be about 12years. The girl was admitted to the Hospital where she remained till 14th December, 1993.

(3.) THE prosecution has examined 8 witnesses in this case. Km. Shahana (P. W. 1) has stated that one year before her state ment her mother and brother had gone to the jungle for bringing grass. At about 1. 00 p. m. her father threatened her with a pistol and committed rape on her by inserting his penis in her vagina. She felt a lot of pain and there was a lot of bleeding. She nar rated this incident to her mother and brother when they came back from the jungle at about 3 p. m. Hearing this her mother started weeping and some people of the village collected there. She was taken to the police station where she told everything to deewanji. She was taken to the Hospital and was medically examined. Her shalwar was taken in custody by the police.