- (1.) K. S. Rakhra, J. This is an appeal under section 378 (1) of Criminal Procedure Code against the judgment and order dated 17. 1. 1983 in Sessions Trial No. 54 of 1982 passed by additional Sessions Judge Lalitpur, whereby respondent Chhatrasal was tried for an offence punishable under section 376 IPC and has been acquitted by the Trial Court. Leave to appeal was granted by the High Court on 29. 10. 1984 after condoning the delay.
(2.) THE case arises out of the incident which took place on 30. 9. 1980 at about 4. 00 p. m. in village Khiriya Chhatara of Police Station Wanpur District Lalitpur. THE first information report in the matter was lodged by Km. Kantoo, the victim herself at Police Station Lalitpur on 1. 10. 1980 at 7. 15 a. m. The victim at the time of incident was aged about 11-12 years. Her father and mother had gone to Lalitpur and brother to fields and she was alone in her home. It is alleged that at about 4. 00 p. m. respondent Chhatrasal Singh who was Ex. village Pradhan went to the house of victim and lifted her in his arms and brought her to his house where he committed rape on her. After the victim was ravished, she returned to her house. Subsequently, when her uncle Mukundi P. W. 2 returned from the fields, she narrated her tale to him. People from neighbourhood also gathered and had seen that she was lying on a cot and was bleeding from her vagina. Ram Das Chaukidar of the village was called and with the help of villagers, the victim was brought to Lalitpur being carried on the cot itself. She was brought to Lalitpur instead of Wanpur the concerned police station because of better medical facilities at Lalitpur. At police station Lalitpur she lodged F. I. R. Ex. Ka-2. From the police station Kotwali Lalitpur the victim was sent for medical examination after the first information report was registered.
(3.) SMT. S. Kaur, Medical Officer Mahila Chikitsalaya Lalitpur conducted medical examination of Km. Kantoo at about 9. 00 a. m. on 1. 10. 1980. The doctor found that victim was thin built girl aged about 10 years with her weight being 23 Kg. and teeth 13-13, breast started developing while axillary and pubic heir had not developed. The doctor also found clotted dry blood on her private parts, back of the buttocks top to the toe of the both feet. Following injuries were found on her person. Superficial injury on the back bone, about 25 c. m. from the base of the neck, 2 c. m. x 3 c. m. with scab formation thereon.;