- (1.) BARKAT Ali Zaidi, J. Appellant-accused Kallu alias Rajnath Yadav, aged about 25 years was tried on a charge under Section 376/511 and 506 Indian Penal Code, in ST. No. 412 of 2002, and Additional Sessions Judge, Fast Track Court No. 20, Allahabad, by judgment and order dated 4. 5. 2006 held him guilty under Section 376/511, I. P. C. and punished him with 5 years R. I. plus fine Rs. 1,000.
(2.) ACCORDING to the prosecution version, on 15. 5. 2002 around 12 O'clock, in the noon the daughter of informant father, Km. Kanchan aged 3 years, was playing in front of the house of informant, Gifdhari Lal P. W. 1 in village Sultanpur Khas, P. S. Mau Aima, District Allahabad. It is alleged that the accused- appellant, who resides nearby, came to her and carried her to his house and tried to outrage her modesty. The cries and screams of the girl attracted the informant and his grand mother Janki Devi to the place of occurrence, where they found Km. Kanchan lying unconscious. The accused Kallu threatened the informant and Janki Devi that in case they informed about it to any one or the police, they will be killed. The informant went to the police station Mau Aima, District Allahabad and lodged first information report (Ex. K-1) of the incident, the same day at 3. 45 in the noon. On basis of this report, the police registered Case Crime No. 110 of 2000 under Sections 376/511 and 506, I. P. C. against the accused by preparing chick F. I. R. (Ex. K-8), the investigation of which was assigned to P. W. 7 S. I. Sri Hardev Narain Singh. The investigating officer, thereafter seized semen stained Chaddi from person of Km. Kanchan vide seizure memo (Ex. K-6) and referred the girl for her medical examination to Dufrin Hospital, Allahabad. P. W. 4 Dr. Pratima Gupta examined the girl, the same day at 11,00 O'clock in the night and vide her report (Ex. K-2) found no mark of injury on any part of her body and no bleeding or bruises on her person. She also found her hymen intact. A vaginal stick of the secretions found over her hymen", was prepared and sent to pathologist for examination. Dr. Pratima advised X-ray of the girl for determination of her age. The X-ray of the girl for determination of her age. The X-ray of the girl revealed that she was about 4 years old. The Pathologist, P. W. 8 Dr. V. K. Gupta on examination of the stick, vide report (Ex. K-7) found no signs of spermatozoa. The Seriologist on examination of her underwear also found no stains of semen on it. P. W. 4 Dr. Pratima vide supplementary report (Ex. K-3) opined that no definite opinion regarding rape can be given. The investigation officer went to the place of occurrence, prepared the site plan (Ex. K-5) recorded the statement of the witnesses under Section 161 Cr. P. C. but he could not continue the investigation and the investigation was completed by S. O. Vindyachal Shukla, who has been examined as P. W. 4 and who submitted charge-sheet (Ex. K-4) under Sections 376/511 read with Section 506, I. P. C. against the accused.
(3.) TO prove its case, the prosecution examined father of the girl informant P. W. 1 Giridhari Lal Gupta, his father P. W. 2 Jagannath, prosecutrix P. W. 3 Km. Kanchan P. W. 4 Dr. Pratima Gupta, P. W. 5 Sri Vindhyachal Shukta, investigation officer P. W. 6 Radiologist Dr. V. K. Sahu, investigating officer P. W. 7 Hardav Narain, Pathologist P. W. 8 Dr. V. K. Gupta P. W. 9 H. M. Sukhram Singh. In his statement under Section 313 Cr. P. C. , the case of the accused is of plain and simple denial. He pleaded that the informant had purchased some land from one Dev Narain Mishra, which was in possession of the accused. The informant wanted to take the possession of the land, which the accused declined and, therefore, to coerce him into submission, the informant had falsely implicated him in this case.;