S. K. Kaul, J. - (1.) THIS is an appeal by Niranjan against his sentence and conviction to undergo three years rigorous imprisonment under Section 376 IPC as awarded to him by the learned Additional Sessions Juadge, Sitapur.
(2.) BOTH Niranjan and the raped girl Km. Asha Devi resided in village Akohra, P. S. Pisawan, District Sitapur. They also belong to the same caste. The allegation is that on 25-7-1975, Km. Asha ; Devi, a minor girl of Paras Ram had gone to the grove of Hori Lal in this very village to collect mangoes. The accused is said to have gone there and is said to have committed rape upon her. The accused was identified by P.Ws. Ram Swarup and Chiranju. The girl on return to the house, narrated the story to her mother, and the same was then narrated to Paras Ram, who accompanied by the girl, went to P. S. Pisawan, and lodged FIR on the same date at 17.05 hours. The distance between the scene of occurrence and the police station is six miles. Dr. Kiran Mathur examined Km. Asha Devi on 26 and 27-7-1975. According to the doctor the breasts of the girl were not developed. There were no axillary or pubic hairs. Hymen was torn and margins were irregular, tender, swollen and red. Fourchette was torn and slight [perineal tear, fresh and tender, about 1/2" in length, was present. The X-ray of the girl revealed that the elbow joint centre of medial epicondyle had appeared, but there was no union with the shaft. The centre of the end of upper radius was visible but had not joined with the shaft. In the wrist joint the lower ends of radius and ulna bones were visible but they had not joined with shafts and pesiform had not appeared. On this basis the doctor estimated the age of the girl to be about 9 years. Investigation was done in the usual manner and ultimately the accused, on the basis of charge sheet, was asked to stand his trial under Section 376 IPC.
(3.) THE defence of the accused was complete denial. He pleaded alibi by stating that on the date of incident he was reading in Pihani School, which was at a distance of 20 miles from the village in question. One witness in defence was also examined by the accused. The learned Additional Sessions Judge found that the prosecution story was made out and rejecting the alibi, sentenced and convicted the accused-appellant as above.;