- (1.) Appellant Rajiv has challenged his conviction and sentence under Section 376, 511 IPC for five years R.I. with fine of Rs. 5000/- and in default of payment of fine to further under go six months imprisonment and six months R.I. under Section 506 IPC. with further direction that both the sentences shall run concurrently and the period of imprisonment already spent in Jail shall be reckoned as period of sentence awarded by the impugned judgment and order dated 19.9.2005 passed by Additional Sessions Judge/Special Judge SC ST Act, Farrukhabad in Special S.T. No. 30 of 2004 State v. Rajiv.
(2.) Prosecution allegations against the appellant are that the informant Sabsukh Dhobi is r/o village Gadanpur Deorajpur, P.S. Kamalganj, district Farrukhabad. Her daughter (victim) aged about 13 years had gone to attend the call of nature towards south of his field on 24.2.2004 at 7 P.M. when the appellant pounced upon her and alter pulling her in the wheat field raped her. Victim's cry for help was stopped at gunpoint but her subsequent shrieks attracted Smt. Ram Shri wife of Ram Autar and on her asking inquiry appellant took to his heels. Ram Shri cried for help which attracted Malkhan (P.W. 4). Both the aforesaid witnesses had seen the appellant in the torchlight and had chased him in vain. Informant got the FIR scribed through Rakesh Kumar Diwakar and lodged it at P.S. Kamalganj, district Farrukhabad on 25.2.2004 at 4.30 P.M. covering a distance of 3 kms. Constable 509 Sundar Lal (P.W. 6) on the basis of Tahrir Fxt. Ka 1 registered the chik FIR Ext. Ka 6 as Crime No. 116 of 2004 for offences under Section 376/506 IPC and Section 3(1)(12) of SC/ST Act and G.D. entry as Ext. Ka 7. Investigation into the crime was entrusted to Pratap Singh Co. P.W. 7 who copied the FIR, G.D. entry and then recorded the statement of the Head Constable. He prepared the site plan Ext. Ka 8 and conducted the spot inspection. He also recorded the statements of various witnesses and copied the medical examination report of the victim. He also took in possession the cloths of the victim, which were stained with blood and semen. He also took in possession the cloths of the appellant and prepared its recovery memo as Ex. Ka 9 with material Ex. 2 to 6. He thereafter recorded the statements of the victim and those of other witnesses and proved Ex. Ka 10 the recovery memo of victim's cloths and the cloths as material Ext 7 to 9. After completing the investigation he submitted charge sheet against the appellant or 12.3.2004 as Ex. Ka 12. He dispatched the cloths of the victim and accused appellant for chemical examination to Central Forensic Science Laboratory Lucknow on 6.4.2004 whose report dated 7.5.2004 is Ext Ka 13 which indicated that human blood was found on the cloths and that spermatozoa and semen was found on the under wear of the appellant.
(3.) Dr. Neelam Rani of Ram Manohar Lohia Hospital Farrukhabad P.W. 5 conducted the medical examination of the victim on 26.2.2004 at12.45 P.M. who was brought to her by a lady constable Indra Devi. From her physical and internal examination she did not find any mark of injury and her hymen was found to be intact. Vagina was admitting only a small finger. Doctor also prepared a slide of vaginal smear for pathological examination for knowing the presence of spermatozoa. She also advised for X-Ray of the wrist and elbow joint for determining the age of the victim. She he d proved her medical examination report as Ex. Ka 2. She further proved X-Ray plate X-ray report as material Ext. 1 and Ext. Ka 3. She also proved pathological report Ext. Ka 4; which indicated absence of spermatozoa in vaginal smear. In the estimation of the doctor based on Ext. Ka 5, victim was about 14 years of age.;