- (1.) This criminal appeal has been preferred against Judgement and order dated 22.4.1983 passed by learned XIVth Additional District and Sessions Judge, Kanpur in Session Trial No. 302/M/92 (State Vs. Gopal Kumar) under Sections 376 I. P. C. , however, appellant was released on Probation of Good Conduct for a period of two years and he was sentenced to fine of Rs. 1000/-.
(2.) As per prosecution version, the first informant namely, Shiv Prasad Dubey was tenant on 4th floor of the premises belonging to maternal grandfather of accused-appellant. On 29.4.1982 at about 11:00 A. M. daughter of the first informant, aged about 7 years (hereinafter to referred to as "X") had gone to play on ground floor. After sometime, first informant heard cries of "X" and he along with Santosh Kumar, Kalka Prasad and his wife Urmila Devi came on that floor and peeped through window inside the room and saw that "X" was crying and lying flat, whereas the appellant-Gopal was committing rape upon her. Shiv Prasad and others knocked the door but after opening the door, accused-appellant Gopal Kumar ran away after pushing them. They saw blood was oozing out through private part of "X" and there was a wound on vulva of "X".
(3.) First informant lodged first information report exhibit Ka-8 by submitting written complaint exhibit Ka-1 at Police Station Sisa Mau, Kanpur on the same day vide G. D. entry no. 23. Victim "X" was sent for medical examination at Duffrin Hospital, Kanpur. As per M. L. C. Exhibit Ka-6 "X" following observations were noted by doctor regarding condition of "X":- "Pt. is conscious. Mark of fresh injury on head, trunk and limbs present. Local Examination- Pubic hair not developed. Staining of clotted blood is present on the medical side of thighs and vulva. Perineum is torn at 6'O clock position. Size of tear is 1/2" X 1/4". Fresh bleeding is present from the tear. Hymen is torn from 4' O to 7'O clock position. Fresh bleeding is present. Blood clott about 15 cc from vagina removed. P/S exam. A tear in post vbaginal wall is present of about 1. 5"X1/4". Fresh bleeding is present. Vaginal smear is full of RBC. Clothes which were stained with blood left at home. The girl needs medical and surgical treatment so she has been admitted in the hospital. According to my opinion rape has been committed upon "X" (name withheld) Dheeraj Dube and for the confirmation of the age, she will be send to radiology department, UHM Hospital, Kanpur where she improves. The findings of wt. will be given along with supplementary report. " ;