- (1.) This appeal has been filed against the conviction of the appellant Surendra Singh under Section 376. I.P.C. to 14 years RI. and a fine of Rs. 10,000/,- and 5 years RI. and a fine of Rs. 1,000/- under Section 3(2)(v) of the S.C./S.T. Act. In default of payment of fine under Section 376, IPC, three years simple imprisonment was awarded and for non-payment of fine under Section 3 (2)(v). of S.C./S.T. Act, one year simple imprisonment was also awarded. The sentences were concurrent.
(2.) I have heard Sri V.M. Zaidi, learned Amicus Curiae for the appellant and the learned A.G.A. for the State of U.P.
(3.) The prosecution case as mentioned in the F.I.R. was that on 27.4.1999 at 2 p.m., a person selling carrots and salt was roaming around the village. At that time the victim girl (name not disclosed) aged 10 years was tempted with the carrots and the appellant took her towards the field of Brijendra Singh in village and committed rape on the girl, who was the niece of the informant Bare Lal. On hearing her cries, Ram Asrey resident of his village, who was easing near the culvert ran there and he saw that the hawker (appellant) had opened the girl's salwar and was stuck to her. On his alarm, the appellant ran towards his cycle. The girl was smeared with blood. The appellant was caught on the spot and on the alarm, the villagers Sher Singh, Chhote Lal, Dinesh Singh etc. arrived there. When the appellant was beaten, he disclosed his name to be Surendra Singh. The appellant along with cycle, and wares was taken to the police station. The incident-took place at 2 p.m. The report was prepared at P.S. Labedi at 4 p.m. by Bade Lal. The C.O. investigated the case. He took the custody of the pant of the appellant and the blood spaked clothes of the accused and victim and also prepared fards of the wares and other items recovered from the appellant. The girl was exam ined at the District Hospital Etawah by Dr. Veena Gupta P.W. 4 on 27.4.1999 at 10.00 p.m. She found that there are 11 tears in perineum at central position of about 1 cm size. Fresh bleeding present,tenderness was present and even little finger was not inserting in the vagina. She seated the injury was 6-8 hours duration and grievous in nature. She also expressed possibility of rape. By a supplementary report Dr. Veena Gupta found the age of the girl to be below 9 years.;