- (1.) A. N. Dikshita, J. Appellant Dev Singh has filed against the judgment and order dated 27-4-87 passed by Sri R. M. Rai, I Additional Sessions Judge, Nainital in S. T. No. 20 of 1986 convicting the appellant under Section 376 I. P. C. and sentencing him to undergo R. I. for four years' and a fine of Rs. 2000,. In default of payment of fine the appellant was ordered to undergo R. I. for two months.
(2.) THE prosecution story is that Narain Dutt s/o Devi Dutt had gone out of his home to some relation. On 19-7-84 Km. Prem Lata had gone to educational institution at Bel Parao for her admission. Around 11 a. m. when she was return ing from the school she met Dev Singh s/o Dhan Singh near the farm of one Verma Ji where sugarcane was standing. Dev Singh forcibly took Prem Lats into the farm and made her fall on the ground, opened her nara of Salwar and raped her. THEre was much bleeding on account of this rape and the girl cried and on such noise and alarm Rama Devi mother of Prem Lata and her sister Deepa Rani rushed from their house. Dev Singh seeing Rama Devi and Deepa Rani fled towards the south. THE girl was in a bad state. She was taken by her mother and her sister to her house. THE Salwar which was blood-stained was washed on account-of inadvertence of Smt. Rama Devi. On 20-7-84 Narain Dutt father of the girl returned. THE mother and the sister on account. of her embarassment and shame did not lodge the report on the date of incident i. e. , 19-7-84. However Narain Dutt lodged the report with the police on 20-7-84 at 2 p. m. at outpost Bel Parao, P. S. Ram Nagar, dislrict-Nainital. After lodging the report the girl was sent for medical examination Dr S. Palathi, Medical Officer- incharge, Women Hospital, Ram Nagar, district Nainital' examined her on 20-7-84 at 8 p. m. The medical report is as under : "m/i A dark- brown mole on left upper over 12 c. m. below shoulder joint. D/e Breasts, Axillary hairs, pubic hairs are not fully developed. P/v Hymen ruptured. Margin of layer is red, slight bleeding present outside the valve Whitish discharge present outside the valve. Vagina admits one finger easily, Pt. complaining of pain on valvel region. Remarks :-There is evidence of sexual intercourse. Adv :-X-ray of elbow it. & writs it. (left or right side), for confirmation of age". After necessary investigation a charge-sheet was filed against the appellant.
(3.) IN support of the prosecution case P. \v. 1 Prem Lata prosecutrix has Muted that she had left her house around 7 a. m. for getting admission in the school in Class IX. When she was returning from the school through Kachcha road and reached near the sugarcane field of one Varma Sahib, Dev Singh accused met her. She knew the appellant from before. The appellant forcibly took her m sugar-cane field and after opening the Nara of Salwar raped her by insert-ma her male-organ into her vagina. She experienced much pain and blood came out and flew on the thighs. Twice Dev Singh commuted intercourse forcibly She raised hue and cry. The appellant then stood up. On her cries her mother Rama Devi, P. W. 2 and her sister Deepa Rani reached the place. Dev Sihgh appellant then fled away. Her mother arid sister took her to their house. The tire facts were narrated by Km. Prem Lata, P. VV. 1 to her mother. She has rued that her father was not present at home and had gone to some relation. On k turn the next day she narrated the incident in entirety to her father. Her father look her to the police out- post Bel Parao where an F. I. R. was lodged. She was medically examined in the hospital at Ram Nagar. She has also stated that the Salwar that she was wearing, had blood-stains on it, but her mother had washed it. At the time of the incident when she was raped, she has stated that her ape was 13 years 4 months. This witness was put to a very grueling cross-examination but nothing emerged so as to discredit her testimony. Even in her examination she has stated that on account of this forcibly sexual intercourse much blood had out of her private part (vagina), it is thus evident that Prem Lata, P'. \v. 1 was raped much against her will and had never consented as she has her self deposed that the sexual intercourse was forcibly done. Smt. Rama Devi, P. W. 2 is the mother of Prem Lata, P. W. 1. She has stated that around 11 a. m. she heard cries from the sugarcane field of Varma Sahib. She and her daughter Deepa ran towards that place. The girl Km. Prem Lata , P. W. 1 was lying unconscious and Dev Singh was near her. Appellant Dev Singh was known to her from before. On seeing this witness and Km. Deepa Rani the accused fled away. The girl was brought to the house in an unconscious state. After Prem Lata, P. W. 1 regained consciousness she narrated the entire incident. She has stated that her husband Narain Dutt was not at home and had gone to his daughter Kamla. The entire incident was narrated to the father Prem Lata, P. W. 1 and this witness. She has also stated that when she brought girl in unconscious state to her house, she was bleeding from her private part. The Salwar which had blood-stains was however, washed. In her cross-examination she has stated that she had rushed to the place on hearing the noise. She too was put to a very searching cross-examination but nothing could be extracted which may create a dent in her testimony. She has stated that she had left for police outpost around 12. 45 while her husband had arrived around 10 O'clock. This witness was again tested as regards the age of Prem Lata, P. W. 1. She has stated that Jagdish her eldest son is aged about 22 years the next issue Deepa Rani is yonger by 2 years while Prem. Lata is 3 years' younger to Deepa Rani. She has cate gorically denied that at the time of the incident the age of P. W. 1 (Prem Lata) was between 17-18 years. This witness has narrated the age of Jagdish, Deepa and Prem Lata on the dale of her statement. The incident is of 1984. She was examined after 2 years i. e. , on 12-1-87. From the above it is clear that the age of Km. Prem Lata was less than 14 years. There is nothing in her testimony which is unbelievable so that her testimony may become incredible.;