G. S. N. Tripathi, J. - (1.) ACCUSED Dhanraj, was convicted under Section 376, I.P.C. and sentenced to undergo six months' R.I. and to pay a fine of Rs. 600. Further he was convicted under Section 366, I.P.C. and sentenced to three months' R.I. Both the sentences were ordered to run concurrently.
(2.) ACCORDING to the prosecution, as initiated at the behest of Bhaggu (P.W. 5) on 24.7.1974 at about 8 a.m. the accused Dhanraj committed a rape upon his grand-daughter Km. Kaushalya (P.W. 3), aged about eight years. On hearing her screams, the witnesses including the complainant, Smt. Kalawati (P.W. 2) mother of Km. Kaushalya and others rushed to the spot. They saw the accused committing rape upon the minor. After the arrival of the witnesses, the accused bolted away. There was blood mark on the Kachcha worn by the girl. In that very shape she was brought to the police station, where the first information report was lodged at about 3.15 p.m. after negotiating a distance of about 10 miles from the place of the incident. The girl was referred to the Women's Hospital, Azamgarh, where she was medically examined by the lady doctor on 25.7.74 at about 12.30 p.m. She collected the following evidence : Ht. 3' 51/2" Wt, 16 Kg Teeth 10/10. Hairs-Pubic :-No growth Breasts-Not developed Axillary-No growth. No mark of injury present in any part of body, p/v Vagina admits not even a tip of little finger, Hymen intact, tightly closed. No fresh injury present over private parts,. Vaginal smear sent for Histopathological Examination. I/M (1) One black mole present on back in lumber region. Advised X-ray (1) Rt. elbow Jt. (2) Rt. wrist Jt. Ref. to x-ray Department District Hospital." After usual investigation the charge-sheet was submitted. The prosecution examined Smt. Kalawati (P.W. 2), the mother of the girl. She has deposed that after hearing the screams, she rushed to the spot where she saw Dhanraj committing rape upon her daughter. There was blood mark on the Kachcha of the girl.
(3.) (P.W. 5) Bhaggu is the grand-father and the complainant in this case. He has narrated the version as contained in the first information report. (P.W. 3) Km. Kaushalya is the victim. She has stated that the accused took her away to the place of occurrence by saying that he would be giving guava fruits to her. Thereupon he raped upon her. On her screams the witnesses arrived at the scene of occurrence.;