S C. Jain, J. - (1.) THE facts giving rise to this appeal are that on 5.11.1975 at about 4.30 p.m. one Kumari Meera aged about six years was playing near the sugarcane field of one Maqtool Singh in Village Jarara Police Station Pahasu District Bulandshahr. THE appellant Nagendra, came there and took the girl on the pretext of taking her to Tamasha'. Instead he took her to the sugarcane field of her uncle. Maqtool Singh and raped her.
(2.) ON her medical examination conducted by Dr. (Miss) S. K. Bhatnagar following injuries were found on the person of Kumari Meera : (1) Multiple superficial scratches in an area of 3/4" x 1", blood over them was clotted. The areas was highly inflamable and tender ; (2) Superficial abrasion on the left side of the spine on her back in mid dorsal area size 1/4" x 1/8". Blood has clotted. Tender and inflamed. (3) Superficial scratches 1/4" x 1/4" on the right superior iliac spine. Tender and inflamed: (4) Superficial scratches 1/4" x 1/4" near the left anterior superior iliac spine. Tender and inflamed. Her height was 3'-9", weight 17 kg. Teeth 12/12 (all milk teeth) Her private parts. Pubes and thighs were smeared with clotted blood. Vulva was smaller and tender. No fresh injury on the libia, pubes on thighs was found. Hymen was torn from 6 O'clock to 8 O'clock position. The adjoining mucus membrane was raw. Margins were irregular and bleed to touch. Slight oozing was continuing. Inflamation was also present. Hymen admitted tip of small finger. It was very tender. Vaginal smear was sent for examination to District Hospital. The doctor in her statement proved the injury report, Ext. Ka. 1 and opined that the age of the girl was about 6 to 8 years and she was raped about a day back. Besides the statement of the Doctor the trial Court took into consideration the statement of Km. Meera and other witnesses who happened to reach there and found the accused, Narendra, guilty for an offence punishable under Section 376, I.P.C. and he was convicted and sentenced to undergo rigorous imprisonment for four years under Section 376, I.P.C. for committing rape upon Kumari Meera, a minor girl of about 6 to 8 years.
(3.) FEELING aggrieved, Narendra, appellant has filed this appeal. The learned counsel for the appellant argued that as per statement of the Doctor vaginal smear was sent for examination to district hospital but the report has not been proved. According to him it is fatal to the prosecution case and the act of rape has not been proved in absence of analysis report of vaginal smear.;