- (1.) CHALLENGE in the instant appeal is the judgment and order dated 24.8.2011 passed by the learned Additional Sessions Judge/T.E.C.P. -2, Lucknow in Sessions Trial No. 1300 of 2009 arising out of case crime no. 250 of 2009, under Section 376 I.P.C., Police Station Bakshi Ka Talab, District Lucknow, whereby the present appellant Anil Kumar was convicted for the offence under Section 376 I.P.C. and was sentenced to undergo rigorous imprisonment for a period of seven years and also with fine of Rs. 5,000/ - with default stipulation of three months additional imprisonment.
(2.) BRIEF facts necessary for the disposal of the instant appeal are that the victim was the maternal grand daughter of the complainant. Ram Manohar who lodged an F.I.R. on 26.5.2009 at 17:30 hours at Police Station Bakshi Ka Talab alleging therein that on the same day at about 2:00 p.m., the victim had gone to attend the nature's call in the field, appellant Anil Kumar reached there and finding the victim alone he committed rape on her. The age of the victim was 14 years. The victim cried for her rescue. Hearing the cries of the victim, when the complainant reached there then the appellant, leaving the victim, ran away. He was seen by the complainant running away from the place of occurrence. On the basis of this F.I.R., the case was registered and the victim was referred for medical examination. Her Salwar and Sameej were taken into possession by the police and its memo Ex. Ka -2 was prepared and the same were sent for medical analysis to Forensic Science Laboratory. Bloodstains were found on the clothes of the victim. The victim was medically examined on 27.5.2009 at 12:45 at "Veerangana Awanti Bai Lodhi Mahila Hospital" Lucknow. In her medical examination, her pubic and axiliary hairs were scanty and developing. Her breasts were also in developing stage. No mark of injury was found on her private parts. Hymen was old torn and healed. Vaginal smear swab was prepared and the victim was referred for x -ray for determination of her age. After the aforesaid tests, by means of supplementary report, no definite opinion regarding rape could be given as the victim was found to be used to sexual intercourse and radio logical age of the victim was reported to be 14 years. The Investigating Officer inspected the place of occurrence on the pointing out of the complainant on 27.5.2009 and prepared site plan Ex. Ka -9. The statement of the victim under Section 164 Cr.P.C. was recorded on 1.6.2009 wherein she has supported the prosecution story. After completion of the investigation, charge sheet was submitted against appellant Anil Kumar.
(3.) THE case of the appellant was that his sister Saloni was enticed away by Ram Kumar and others in that connection his father Ram Sahay had initiated a case against the accused persons including the present complainant Ram Manohar his wife and his son Brij Manohar. Only because of this enmity, he has been falsely implicated. The victim passed Class -V Examination with the sister of the appellant and has also received scholarship. The father of the victim, namely, Asharfi wanted to marry the victim with the appellant but the complainant was against this marriage because of which, in collusion with the police, he got this false case concocted. In order to prove its case, the prosecution has examined PW -1 complainant Manohar, PW -2 the victim, PW -3 Dr. Bharti, who has conducted medical examination of the victim. PW -4 Constable Rajesh Yadav, who has prepared the chik report and G.D. of the case and PW -5 S.I. Ravindra Nath Shukla, who has investigated the case.;