- (1.) G. S. N. Tripathi, J. This is a revision arising out of the judgment and order dated 9-10-1995 passed by the Xth Additional Sessions Judge, Aligarh in Criminal Appeal No. 78 of 993. The learned Additional Sessions Judge has confirmed the conviction and sentence awarded under Section 376, I. P. C. by the learned Vth Assistant Sessions Judge, Aligarh on 24-9-1993.
(2.) IN S. T. No. 43 of 1990-State v. Semiyar alias Pappu, under Section 376, I. P. C. , P. S. Vijaigarh, District Aligarh, the appellant Semiyar alias Pappu was the sole accused. The prosecution story was that on 12-2- 1988, Km. Laxmi, a 9 years' old daughter of Yad Ram was raped by the accused at 3. 30 p. m. in the gram field. The accused had taken away the girl to a place situated at a very short distance, on the pretext to lift the Barseem crops But instead of doing so, the accused removed her Salwar and Kachha and raped her. The girl cried. Ghan Shyam, hearing the crime, reached the spot and saw the accused committing rape upon the girl on the ground. Despite efforts, the accused escaped. Yad Ram, the father of the girl reached the village in the night when the entire story was narrated to him. On the following day at about 8-30 a. m. the report was lodged. The girl was medically examined by Dr. Parveen Ashraf, PW 3. She found that there were lacerations in the vagina of the girl, which could be caused only by insertion of penis inside the vagina. She was bleeding at the time of examination also. After usual investigation the I. O. submitted a charge-sheet against the accused. Before the learned Assistant Sessions Judge (trial court), the prosecution examined Km. Laxmi, who narrated the entire story. Her father Yad Ram, who moved the machinary of law was also examined. Ghan Shyam was examined as an eye-witness. But he turned hostile. Dr. Praveen Ashraf has proved her injury report. She has opined that Km. Laxmi was 9 or 10 years old girl at the time of examination and she was a victim of rape.
(3.) THE accused denied the allegations under Section 313, Cr. P. C. and has alleged that on account of enmity, he has been falsely implicated. He also examined two oral witnesses on the point of age of the accused. After a thread-bare analysis, the eye-witnesses examined by the accused, have been disbelieved.;