G.S.N.TRIPATHI, J. - (1.) ACCUSED Shamsher @ Tampi has been convicted a charge under Section 376, IPC and sentenced to undergo 4 years' R. I. vide judgment and order dated 28-6-1994 passed by IVth Additional Sessions Judge, Agra.
(2.) THE prosecution case started on the basis of F.I.R. dated 16-2-1989 registered at 12.05 p.m. after covering a distance of 9 Kms. The incident is said to have taken place on 14-2-1989 at 12 noon. The complainant Id Mohd., PW I has alleged in the report dated 16-2-1989 that about 5-6 days earlier, he had gone to Sahadra (Agra) fair. On 15-2-1989 his wife Smt. Vakila, PW 2 met him in the fair and told him that 14-2-1989 his daughter Km. Sukhi was raped by accused Shamsher @ Tampti at about 12 noon. She raised an alarm, hearing which Smt. Vakila and one Smt. Mamoonan, wife of Siddiq went towards the place. But the accused escaped. On the basis of this report, a case was registered at the police station. The blood-stained smeared under-wear of the girl was taken in possession by the police station (Ex. Ka 2).
(3.) THE girl was referred for medical examination. The lady Doctor gave the following report : General Examination.-Of average built. Breasts under developed. No mark of injury on any part of body. Teeth.-6 plus 6 Wt. 26 Kg 7 plus 7 Height.-130.5 cm. Mentally deficient. Vaginal Examination.-No mark of injury pubic hairs absent, vulva not developed. Vagina admits 1 finger. Hymen torn at 7 O'clock position. Margins are inflamed. No bleeding I/V present. Vaginal secretions present. Vagina smear taken and sent for cytological Examination. Advice.-(I) X-ray wrist and elbow it. for age determination. (2) Cytological examination of vaginal smear. The X-ray report is Ex.-Ka-8 along with the supplementary report. Which is as under : Cytology.-No spermatozoa seen in sent smear. X-Ray.-Wrist-epiphyses of radius and ulna lowers ends are separate, Elbow.-Epiphysis of medial and lat. Epicedial of hummers separate. The epiphysis of radius and ulna upper ends ate separate. Conclusion.-According to X-ray report age is below 14 years. Patient has been subjected to sexual penetration by some blunt and hard object. Period 48 hrs. or more. No definite opinion can be given about rape as no spermatozoa found. ;