Ravindra Nath Kakkar, J. - (1.)This jail appeal has been preferred against the judgment and order dated 18.01.2007 passed by learned Additional District & Sessions Judge/Fast Track Court, Court No.1, District Gorakhpur in Session Trial No.266 of 2005 (State Vs. Shyam Bihari), in Case Crime No.108 of 2001, under Sections 376 I.P.C., Police Station Chauri Chaura, District Gorakhpur, by which the appellant was convicted and sentenced to 14 years R.I. under Section 376 I.P.C. with a fine of Rs.5000/- and in default of payment of fine to undergo one year additional imprisonment. Out of the amount of fine, compensation of Rs.4000/- was directed to be given to the victim.
(2.)Prosecution story, in brief, is that on 11.05.2001 at about 6.00 p.m. evening accused Shyam Bihari, who is a rickshaw puller and used to visit at tea shop of the complainant, reached there and took tea and pakaudi from the said shop. Further at this point of time complainant, his wife an their children Pooja and Shrawan were present at the shop. Since the accused was known to the complainant's family, he took her girl child Pooja, who was aged about 4 years, on which no objection was made from the side of complainant, but later on when the girl did not return for an hour they alongwith witnesses of the locality made search of her. At about 3.00 a.m. in the night they heard the noises of her daughter from the field of Maize situated in east side of his shop. He along with his brother Rama Shankar and wife Vimlawati and other villagers reached to the spot and saw the accused Shyam Bihari escaping from the spot. The accused was chased but could not catch hold of. Blood was oozing out from the private part of the girl child. Thereafter a written report was prepared, on the basis of which FIR was got registered in the police station. Medical examination was conducted in district hospital. On seeing the serious condition, victim was referred to medical college where she was admitted for 20 days.
(3.)It also transpires from the record that after commission of rape on the body of prosecutrix, the accused Shyam Bihari left the girl child in the field and escaped from the spot. The medical examination of the girl child was conducted on 12.05.2001 by lady doctor Anjula Gupta. Medical report Ex.Ka-2 is available on record. On internal examination abrasion was found on the cheek and neck and blood was oozing out from the vagina and vagina was torn to the rectum of the prosecutrix. It also transpires from the record that according to supplementary report, which is Ex.Ka-5, the age of the girl was found to be 5 years and the injuries on the private part were opined to be caused by blunt object. Investigating Officer conducted the investigation and filed charge sheet under Sections 376, 120-B I.P.C. Charge under Section 376 I.P.C. was framed against the accused appellant which was denied by the accused and claimed trial.