KISHNA Vs. STATE

JUDGEMENT

(1.) This is an appeal from the judgment and order dated 26.8.95 made by the learned Addl. Sessions Judge, Baran in Sessions case No. 36/94, holding Kishna Appellant guilty of the offence under Sec. 376 IPC, convicting him therefor, and sentencing him to Rigorous Imprisonment for 8 years and fine of Rs. 100.00.

(2.) The prosecution case is that on March 8, 1985 at about 11.00 A.M. PW 8 Kumari Zahida @ Bebi, then aged about 12-14 years, was cutting grass in the field of the Zamindar of village Kishanganj, that the appellant reached there, caught-hold of Kumari Zahida from behind and committed rape upon her. After committing rape on Zahida the appellant ran-away. Zahida reached the village Nursery where her grandmother, PW 1 Smt. Khatoon, was working, Smt. Khatoon noted that Silwar of Zahida was stained with blood. She suspected that Zahida might have mensurated for the first time, therefore, advised her to go to the house. After some times Zahida's brother PW 6 Ishaq, reached the house from his school and found Zahida in unconscious condition. He immediately informed his grandmother, Smt. Khatoon at the Nursery about the unconscious state of Kumari Zahida. Smt. Khatoon reached her house and found Kumari Zahida in unconscious condition. PW 4 Ramesh and one Salim were sent to call for PW 10 Shanta, A.N.M., from the local hospital. On examining Kumari Zahida and seeing her bleeding per her vazina, the A.N.M. advised the witnesses to remove Kumari Zahida to the hospital at Baran. Kumari Zahida, therefore, was taken to the Government hospital at Baran in a jeep and admitted in the Zanana ward. The doctor on duty admitted her on 8.3.85 for treatment. However, on 9.3.85 at 10.00 A.M. PW 14 Dr. B.D. Lahoti examined Kumari Zahida @ Bebi for her injuries and also for determining her age. Dr. Lahoti examined the girl in the presence of lady Dr. PW 16 Dr. Usha Agrawal. The witnesses noted the following injuries on the person of Kumari Zahida :

(3.) Any way, the matter was reported to the police where-upon PW 15 Nand Lal A.S.I. recorded the statement of Kumari Zahida at the hospital. Kumari Zahida narrated the above facts to the A.S.I. Crime No. 8/85 under Sec. 376 Penal Code was registered on the basis of such statement of Kumari Zahida, Ex.R 1 and investigation commenced.