- (1.) Challenge in this appeal is to the judgment and order dated 19.10.2013, passed by Special Judge SC/ST Act, Agra, in S.T. No. 12 of 2011 (State vs. Girand Singh and others), registered as Case Crime No. 388 of 2010, under Sections 342, 376, 506 I.P.C. and Section 3(1)(12) SC/ST Act, Police Station Bah, District Agra, whereby the accused appellant no. 1 Girand Singh was found guilty under Section 342 I.P.C. and sentenced to Six months rigorous imprisonment along with fine of Rs. 500/-. He was further found guilty under Section 376 I.P.C. and sentenced for ten years rigorous imprisonment along with fine of Rs. 5000/-. The accused appellant no. 2 Smt. Manju was found guilty under Section 342 I.P.C. and sentenced to six months rigorous imprisonment along with fine of Rs. 500/- with default stipulation. Both the accused appellants were acquitted under Section 506 I.P.C. and Section 3(1)(12) SC/ST Act.
(2.) As per the prosecution case, an application was moved by the victim informant herself on 16.12.2010 stating that she belongs to Scheduled Caste category and is resident of Village Hingote Kheda, Police Station Bah, District Agra. On 15.12.2010 at 05:00 P.M., she went to throw the garbage of her house. When she was returning home after disposal of the garbage, the wife of the appellant Girand Singh called her, where the appellant Girand was sitting intoxicated. The appellant Girand caught her, dragged her in her house and raped her. The victim raised hue and cry but she was threatened. The victim was pregnant at the time of occurrence, hence she lodged the report.
(3.) The victim was medically examined by Dr. Pushpa Agrawal, PW-4 who did not find any external injury on the body of the victim but on the internal examination found the hymen torn. The victim was 24 weeks pregnant. The vagina was admitting two fingers easily. There was no bleeding or discharge from the vagina. She prepared the medical report which was proved as Exhibit Ka-3.;