Decided on May 24,2013

Mahendra Singh S/O Raghunath Singh Appellant


- (1.) This appeal, received through Superintendent of Sub-Jail Haldwani, is directed against the judgment and order dated 10.05.2011, passed by Additional Sessions Judge/Fast Track Court, Kashipur, District Udham Singh Nagar, in Sessions Trial No. 167 of 2008 whereby said court has convicted accused/ appellant Mahendra Singh son of Raghunath Singh under section 376 IPC and sentenced him to rigorous imprisonment for a period of eight years and directed to pay fine of Rs. 10,000/-. The trial court has further directed that in case of default in payment of fine the convict shall undergo furtherimprisonment for a period of two months.
(2.) Heard learned Amicus Curiae forthe appellant, learned counsel for the State and perused the lower courtrecord.
(3.) Prosecution story, in brief, is that on 29.04.2008 at about 9:00 p.m., Kajal (victim) aged six years, daughter of P.W.1 Lal Singh went to see of herfriend Neelam in Jeet Colony, Maheshpura, and when she did not return to her home for quite sometime her father (Lal Singh) went in search of his daughter. After sometime he saw his little daughter was crying by the side of playing ground and her trousers were blood stained. She was bleeding from her private parts. She was unable to disclose anything. On this P.W.1 Lal Singh gave first information report (Ex. A1) at police station Kashipur in the intervening night of 29.04.2008/30.04.2008 at about 00:30 hours against unknown person on the basis of which crime no. 213 of 2008 was registered at police station Kashipur relating to offence punishable under section 376 IPC. P.W.6 Sub Inspector K.R. Sharma investigated the crime. The victim was taken to L.D. Bhatt Government Hospital, Kashipur, where she was medically examined by P.W.7 Dr. Anjali Gupta on 30.04.2008 who prepared injury report (Ex. A10). In said report the medical officer (Dr. Anjali Gupta) observed that she found oozing blood from vagina. She further found that labiamijora and labiaminora were inflamed. Hymen was found ruptured with abrasions and cut on inlet of vagina. Tear found extended up to anus area around rectum inflamed and slight oozing of blood present. The victim was thereafter sent for radiological examination and P.W.4 Dr. T.K. Pant (Radiologist) after radiological examination gave his report (Ex. A3) and opined that the victim was aged between 4 to 6 years. It appears that during investigation the accused Mahendra Singh who was elder uncle (TAU) of the victim was arrested and medically examined by P.W.1 Dr. Madan Mohan of L.D.B. Government Hospital, Kashipur on 01.05.2008. Said medical officer (Dr. Madan Mohan) after medical examination of accused Mahendra Singh found that there were mild abrasions over peripheral margins of glans and frenum beneath urethral opening. After interrogating the witnesses and inspecting the spot, the Investigating Officer submitted charge sheet (Ex. A9) against accused Mahendra Singh for his trial in respect of offence punishable under section 376 IPC.;

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