- (1.) R. K. Rastogi, J. This is an appeal against judgment and order dated 1. 3. 2006 passed by Sri Nisamuddin, then learned Addl. Sessions Judge, Fast Track Court No. 1, Budaun in Sessions Trial No. 161 of 2005, State v. Arvind, under sections 376 and 506 I. P. C. of police station Jarif Nagar, Budaun.
(2.) THE facts giving rise to this appeal are that on 1. 9. 2004 at about 3. 10 P. M. Sri Kallu resident of village Nadha police station Jarif Nagar district Budaun lodged F. I. R. against accused appellant Arvind with these allegations that on 30. 8. 2004 his son Deoki had gone to police outpost and when he did not return back his daughter Laxmi aged about 8 years went to the police outpost to see him. THE accused Arvind met her near bus stand and he after showing pistol to Laxmi and threatening to kill her took her" in his lap and carried her below a tree and ravished her. THEreafter he threw her near Atal School and went away. Kallu could not go to police station due to fear of the accused and on 1. 9. 2004 on getting opportunity, he went to the police station and lodged the report. He further stated that clothes which were worn by Laxmi at the time of incident had been washed. On the basis of the above report, the police registered a case under sections 376 and 506 I. P. C. against the accused appellant and investigated the same. Kumari Laxmi was medically examined by Dr. Manju Rastogi on 2. 9. 2004. She prepared medical examination report and in the description of Km. Laxmi at the top of that report her age was described as 8 years. Her height was 4"-3", weight was 24 Kgs. and teeth were 6/6 and 7/7. Her breasts were not developed and axillary hair were absent. There was a toothed abrasion on right cheek in an area of 2" x 2" and another toothed abrasion in an area of 2. 5 cm x 2 cm on the left cheek. Her hymen and vagina were found torn at 6, O'clock position, muscle deep covered with clotted blood; vagina admited one finger painfully. Vaginal wound was 1 cm x 0. 5 cm in size and it was a lacerated wound. Her vaginal smear was taken for Pathological examination to ascertain presence of sperms. X-Ray was advised for ascertainment of her age. The Pathologist after examination of vaginal smear submitted a report on 2. 9. 2004 that sperms were present in vaginal smear. According to X-Ray report epiphyses of elbow joints and wrist joints were not fused. Dr. Manju Rastogi on the basis of the vaginal smear report and the X-Ray report prepared a supplementary report and stated that the girl was minor and her age was below 16 years and the vaginal smear report was suggestive of recent intercourse. The police after completion of investigation submitted a charge-sheet against the accused under sections 326 and 506 I. P. C. and the case was committed to the Court of sessions for trial.
(3.) SRI Chaitanya Kumar Kulshrestha, Addl. District & Sessions Judge, Court No. 10, Budaun, to whom the case was transferred for trial, framed charges against Arvind under sections 376 and 506 I. P. C. The accused pleaded not guilty and claimed trial. The prosecution examined Kallu as P. W. I. He is father of Kumari Laxmi. He has narrated entire F. I. R. case on oath and has proved the F. I. R. Ex. Ka 1. He has further stated that there was bleeding from vagina of Laxmi and so her mother asked her about that bleeding and then Laxmi, narrated the entire incident before her mother. He further stated that due to fear of the accused he could not go to police station to lodge the report earlier and on third day he got the F. I. R. written by Hari Om and then he went to the police station to lodge that report.;