- (1.) THIS is a Jail appeal preferred by appellant Balram against his conviction under Section 376 I.P.C. and consequent sentence of imprisonment for life.
(2.) BRIEF facts of the case as contained in the First Information Report are that the daughter of the informant Jagdish was working in the field of one Munnu Babu. The appellant, a servant of Munnu Babu, took her from the paddy field into another field and committed rape on her at about 5.00 p.m. Appellant ran away from the spot. Appellant was seen running away by Ramendra Kumar. This F.I.R. was registered at P.S. Bilhour, District Kanpur on 23 -7 - 1990 at 7.30 p.m. Distance between the place of occurrence and the police station is 5 miles. This F.I.R. is Ex. Ka -6. The victim of this incident was subjected to medical examination on 24 -7 -1990 at 12.10 a.m. by Dr. Kusum Dubey, P.W. 1. Her medical examination report is Ex. Ka -1. This report does not disclose that any rape was committed. In this report it was also mentioned that no injury over any other part of the body was seen. There was damage to her private part. There existed vaginal tear of second degree. Blood was still trickling down the tear.
(3.) THE appellant denied prosecution case in its entirety. His contention was that he was involved in the case on account of enmity. In response to question No. 18 he stated that he was assaulted at the police station at the instance of Sipahi Lal and his brother Jauhari Lal and one half of his Moonchh (moustache) was also saved.;