SUBHASH CHANDRA SHARMA,J. - (1.) This criminal appeal emanates from the judgment and order dated 23.05.2007 passed by learned Additional Sessions Judge/F.T.C.-2, Kushi Nagar at Padrauna in Session Trial No. 111 of 1999 (State Vs. Munna Alias Teerathraj) arising out of Crime No. 142 of 1996, under Section 376 of Indian Penal Code, Police Station Kotwali Hata, District Kushinagar by which appellant has been convicted and sentenced under Section 376(1) IPC with life imprisonment and fine of Rs.50,000/-. out of which 80 percent amount was to be given to the victim and the amount was to be realized as arrears of land revenue. No additional sentence for imprisonment was provided in case of default in making payment of fine.
(2.) The prosecution case in brief is that on 19.06.1996, victim aged about 8 years was alone at her house at about 2 p.m. Appellant Munna Alias Teerathraj went there and on the pretext of sprinkling insecticide, took her in the field of sugarcane and there he committed rape with the victim. Consequently, she became unconscious and younger brother of appellant, Raj Kumar brought her to his home where his mother gave some treatment to her. At that time parents of victim were not at home. Father of victim returned on 20.06.1996 and then they went to police station and lodged an F.I.R. on 21.06.1996 at 11.15 o'clock at Police Station Kotwali Hata against accused-appellant as Case Crime No. 142 of 1996 under Sections 376 and 506 IPC.
(3.) Victim was taken to Women Hospital, Padrauna where she was medically examined. The detail of medical examination is as under:- General Examination: Height 129 c.m. Weight 20 Kg. Number of teeth upper jaw 13 and lower jaw 11. The incident as narrated by uncle (maternal) Bhikhu of the patient has occurred at about 2 p.m. on 19.6.1996. Injuries: No marks of external injury present over any part of body. A linear tear, margin of tear is whitish in colour. Vascularisation, seen, about 2 c.m. present at posterior wall at the midline of fornix. Vagina admits little finger. Hymen not present. Uterus very small in size. Bleeding on finger examination. Vaginal smear taken and handed-over to constable Prem Shankar Singh C.P. for vaginal smear test to District Hospital Deoria for pathological examination for presence of spermatozoa and gonococci. Girl was also sent to District Hospital, Deoria for x-ray examination of right knee, right ankle, right elbow and right shoulder joint for verification of age. Duration about 3-4 days old. Opinion: Vaginal injury is caused by some hard and blunt object by forceful penetration. Opinion about rape is to be given after the pathological report. Supplementary report of the victim: All the epiphysis around ankle, knee, elbow and wrist joint are not fused. Carpal bones 7 in number present. Pathological report: No spermatozoa and gonococci are seen in vaginal smear as reported by Dr. L.P. Gupta, Pathologist, District Hospital, Deoria. Opinion: Evidence of rape is found. ;