- (1.) P. P. Gupta, J. This is a criminal appeal filed by accused-appellant Raghuraj under Section 374 Cr. P. C. against judgment and order, dated 23rd December, 1982 passed by Sri D. N. Khanna, Special Judge, Rai Bareli convicting and sentencing the appellant for five year's R. I. under Section 366 and Seven Year's R. I under Section 376 I. P. C.
(2.) BRIEFLY stated, prosecution case is that on 15-11 -77 at about 5,00 P. M. . Km. Sunita, aged about 9 years, was raped by the accused Raghu Raj inside her house. H is not disputed that Raghu Raj and Km. Sunita are closely related. Km Sunita is the cousin sister of Raghu Raj. Ragnu Raj was living in a separate portion of the same house in which Km. Sunita alongwith her mother was living. On the date of incident Km. Sunma was long in her house. Her mother had gone to the fields. Her father was living at Etawah in connection with his business. Thus, at the time of occurrence Km. Sunita was alone in the house. Accused Raghu Raj approached Km. Sunita and requested her to accompany her to the first floor of the house for helping him in lifting the bag of paddy. She went upstairs and heiped Raghu Raj who asked her to help him also in keeping the bag in the Kothari. When she reached Kothari and helped Raghu Raj, she was overpowered by Raghu Raj who committed rape on her, Her mother happened to return from the fields to her house at that time and on hearing the cries raised by Km. Sunita, went inside the house alongwith Hand Kishore and Awadh Kishore. When the accused saw them coming, he ran away from the house after scaling the wall. At the time he came out of the Kothari he was found typing his trousers. The girl was bleeding profusely. She was immediately taken to Primary Health Centre. Bachhrawan, District Rai Bareli where she was examined by Dr. S. A Rizvi at about 10. 30 P. M. D. W. 5 Dr. S. A Rizvi who examined her, found her to be a case of rape. The following injuries were found on person: INJURIEs Marks of external violence.- No marks of external violence on the elbow-joint, wrist joint, inter aspect of thigh, not sign of scratches, bruises, nails clear. It is very difficult to walk (by her) - Public hairs absent. Age of menarchae not reached. No mark of semen (dried) discharge of inner aspect of the. Fresh bleeding from and around vaginal orifice present. Lacerated wound in lebia majora as well as minara present bleeding from these sites. Hymen is ruptured and badly torn away. Edges are swellen and bleeding profusely. It bleeds uft touching. Post wall of vagina is extensively lacerated. In the opinion of the Doctor Km. Sunita was a victim of rape.
(3.) AFTER her medical examination and first aid, Km. Sunita was taken by her mother Smt. Ram Rati and witness Nand Kishore to her house at about 12. 00 in the night. Since bleeding continued and her condition became serious she was brought to the Dufferin Hospital, Lucknow at about 4. 00 AM. the next day. P. W. 1 Uma Shanker who is real brother of Km. Sunita, was employed in Nagar Mahapalika, Lucknow. He came to know of this incident of 16-11-77. He remained busy throughout the day in the care and treatment of her sister. It was therefore on 17-11-77 at about 5. 00 P. M. that a written report of the incident was lodged by him at Bachhrawan Police Station. On the basis of this written report chick report was prepared by Head Constable Mustaq Ahmad. The case was investigated by S. I. Shiv Shanker Lal Shukla. After making a spot inspection and recording statements of the available witnesses he arrested the accused and interrogated him.;