- (1.) THE applicant Mahabeer is involved in an offence punishable under Section 376 IPC. THE case crime was registered in P. S. Auras, district Unnao as case crime No. 78 of 1985.
(2.) THE prosecution case, mentioned in the First Information Report, briefly stated, has been that on 28-6-1985 at about 5 p.m., the applicant-accused committed rape on Km. Urmila, daughter of Hira Lal Chamar, once in Gonda and thereafter in another house and that on alarm of Km. Urmila, her father, Chotey and Mauji reached there and they witnessed the occurrence. The applicant set up his defence case in the present application that Km. Urmila has been a girl of loose morals, she plucked some mangoes from the orchard of the accused for which she was strongly reprimanded ; and that the applicant has been falsely implicated on account of his reprimanding the girl. It is not disputed that the applicant has been a history sheeter and a number of criminal cases are pending disposal against him.
(3.) TNE medical report indicated that Km. Urmila has been a girl of about 12 years of age. Her periform in the wrist was found united. Lower end of radius and ulna was not fused. Her upper end of radius ulna and medial epicondyle were also not fused. She was medically examined on 29-6-1985 at 10.40 A.M. when her lebia majora and vovora found swollen, her hymen was torn ; the tear was extending laterally on right side and one inch deep in vagina. The vaginal smear which was sent was found dead and living spermatozoa. The victim was 12 years old minor girl who belonged to a Harijan family. The applicant had his past history for which he was history- sheeted and for which he is being prosecuted. The father of the girl has been an eye witness and he was not expected to stake the reputation and honour of his daughter and family for the simple reason that the girl was reprimanded by the applicant for plucking mangoes from his orchard. Even though the witnesses Mauji and Chotey filed affidavits in support of the applicant, there remains the testimony of the girl and her father for scrutiny in trial.;