- (1.) HEARD learned counsel for the appellant, learned A.G.A. for the State and perused the lower court record.
(2.) THE instant criminal appeal has been preferred against the judgment and order dated 21.1.2009 passed by learned Additional Sessions Judge/F.T.C., Court No. 7, Pratapgarh in Sessions Trial No. 97 of 2007, arising out of case crime no. 194 of 2006, whereby the appellant was convicted for the offence under Section 376 (2) (f) I.P.C. and was sentenced to undergo rigorous imprisonment for a period of ten years and also with fine of Rs. 20,000/ -, with default stipulation of one year simple imprisonment. Out of fine amount Rs. 10,000/ - was directed to be paid to the victim of the offence. However, the trial court acquitted the appellant for the offence under Section 3 (2)(v) of the SC/ST Act.
(3.) IN brief the facts giving rise to the present case are that the victim of this case, who was residing in the house of his maternal grand father and was minor, had gone to attend the call of nature on 13.12.2006 at about 8:00 a.m. The appellant reached there and caught hold of her. On her offering resistance, her mouth was gagged with a piece of cloth and rape was committed by the appellant in the said field. Due to this act, the victim became unconscious. One Rajpati, who happens to be relative of the victim, reached the field and found the victim unconscious. She raised alarm and on her raising alarm, some other persons including the complainant reached there. The appellant was seen by these persons running away from the said field. The victim was brought to the house and when she regained her senses, then she narrated the story. Thereafter, the complainant, who happens to be the maternal grand father of the victim, went to the police Station Jethwara along with victim and lodged the F.I.R. of this case at 15:10 hours. The victim was referred to the medical examination. Her medical examination was conducted on 14.12.2006 at 4:20 p.m. In medical examination, her weight was 29 kg. She had 14/14 teeth. Pubic and auxiliary hair were thin. Breasts were developed. No mark of injury was present on the external surface of the body. In her internal examination, hymen was found to be intact. Bleeding was not present. No mark of injury was present on private part. No tear, no laceration and no discharge was present. Vaginal discharge slide was prepared and sent to pathological test for determination of spermatozoa. X -ray of the victim was advised. On the basis of these tests, age of the victim was reported to be about 11 years and no signs suggestive of rape were found.;