- (1.) UNDER challenge in the instant criminal appeal is the judgment and order dated 19.02.2007 passed by learned Additional Sessions Judge, (Fast Track -1), Ambedkar Nagar in Sessions Trial No.192 of 2001 whereby the appellant -Ajai Kumar was convicted for the offence under Sections 376, 323 IPC 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 six months imprisonment for the offence under Section 376 IPC and for the offence under Section 323 IPC he was sentenced to undergo simple imprisonment for a period of six months. Both the sentences were directed to run concurrently.
(2.) THE occurrence of this case is alleged to have taken place on 16.09.2001 at about 2.00 p.m. when the grand daughter of the complainant (hereinafter referred as victim) aged about 16 years had gone to attend the call of nature in the fields at a distance of about 100 meters from her house. The appellant Ajai Kumar, aged about 25 years, finding the victim alone forcibly took her to the sugarcane field and committed rape with her. When the victim raised alarm then the complainant reached there and the appellant, after disengaging himself from the victim, started beating the complainant. Hearing noise several persons of the village reached there and rescued the complainant. In the meanwhile, the appellant was successful in fleeing away from the place of occurrence. He also extended threats of dire consequences to the complainant. FIR of this case was lodged on the same day at about 21:30 hours at the police station Bhiti at a distance of 8 kms. Victim was referred for medical examination. Investigating Officer inspected the place of occurrence and prepared the site plan and after completing the investigation, filed charge -sheet against the appellant. During investigation the salwar of the victim was also taken into custody and its memo was prepared and the same was sent to Forensic Science Laboratory for test and as per the report, signs of sperms or semen were not found on the same.
(3.) AS per the medical examination report of the complainant, which was conducted on 17.09.2001 at about 10.50 a.m. at P.H.C. Bhiti, District Ambedkar Nagar, following injuries were found on the body of the complainant. (a) A bruise on the left fore head, size 6 cm x 5 cm, 1 cm above from lateral angle of left eye brow. (b) A swelling with severe pain on the right fore arm, size 6 cm x 5 cm, 1 cm below from right elbow joint. (c) Complaint of pain on the back of abdomen, both uppers legs. (d) An abrasion on the left shoulder size 1 cm x 1 cm, 10 cm lateral from right sterno clonicle joint. All the injuries were reported by the doctor to be simple and caused by hard and blunt objects and the duration was about 24 hours. The victim was medically examined on 17.09.2001 at 5.00 p.m. in PHC Akbarpur and as per her medical examination report, her breasts were developed, axillary hairs were developed and public hairs were grown, her height was 148 cms. teeth were 14/14 and no mark of injury was found on the lower abdomen, thighs and private parts. Hymen was torn on posterior side, tear extended upto the attachment of hymen at the edge of vagina. Tear was old healed and shrunken tags of tissue present. Vagina orifice admitted two fingers easily. No mark of injury on vaginal wall and cervix was found. Last menstrual period was on 9th September (as stated by the victim). Two vaginal smear slides were prepared, sealed and handed over to Constable Anita Pal C.P. No.397 for examination of spermatozoa. For determination of the age of the victim she was referred for X -ray. In the opinion of the doctor, intercourse with the victim had taken place. In the pathological test no spermatozoa was seen in the slides. There is no supplementary report on record nor the pathological age of the victim has been reported.;