- (1.) KHEM Karan, J. Heard Shri J. N. Choudhary, learned counsel for the appel lant and Shri Brijendra Singh learned Addl. Govt. Advocate and also perusal the record of the lower Court.
(2.) THIS criminal appeal is directed against the judgment and order dated 30-9-1985 delivered by the Illrd Addl. Ses sions Judge, Unnao. In Sessions trial No. 432 of 1984 by which he convicted the appellant under Section 376 of I. P. C. and sentenced him to a period of four years rigorous imprisonment. It was alleged by the prosecution that on 12-6-1984 that about 6 p. m. while Km. Bitti, aged about 11 years had gone to graze her cattle near pond. The present appellant had forcible sexual intercourse with her, as a result of which the girl sus tained so the injuries as well. She narrated the incident to her mother. Her father Heera Lal was out on the date and when he came back in the night, he took the victim to the police station Ajgain and lodged the F. I. R. at 11. 00 p. m. The accused as well as Km. Bitti were medically examined by Dr. Smt. Krishna Purwar who was examined Km. Bitti on 13-7-1984 at 2 p. m. , found recent rupture in the hymen. There was a bleeding also. In the opinion of the doctor it was possible as a result of the rape. According to the medical examination, age of Km. Bitti was about 12 years. Di. R. C Sharma, who medically examined the ac cused Dham Ram on' 13-7-1984 at 3. 30 p. m. found two abrasions on the left and right nipple. He also found that male-organ of the accused had a swelling. He however, found no blood or semen on male-organ of the accused, in the opinion of Dr. t-t. C Sharma swelling on the male- organ was possible as a result of forcible sexual intercourse. According to him Dhani Ram was 19yearsof age. After necessary investigation police submitted the charge-sheet and 'he learned Magistrate committed the ease to the Court of Session. The accused-appel lant claimed trial. In support of its ease the prosecution examined Heera Lal as P. W. 1. Km. Bitti as P. W. 3, Vijai Bahadur as P. W. 4. Dr. Smt. Krishna Purwar as P. W. 5, B. N. Tyagi as P. W. 6and Dr. R. C. Sharma as P. W. 7. The accused also examined as D. W. 1.
(3.) THE learned Addl. Sessions Judge believed the evidence of Km. Bitti which according to him found full corroboration from medical evidence. He, therefore, recorded the conviction and the sentenced as stated above. The learned counsel for the appel lant Dhani Ram has confined his argu ments to the quantum of sentence and has not attempted to assail the order of convic tion. He submits that since the appellant was also not more than 18 years and since he was humiliated by the complainant and others by taking him in the entire village abadi, after the incident and since a period of about 15 years has elapsed to the date of occurrence and since the appellant has remained in jail for about 7 months in connection with this case, so the senttense should be reduced to the period already undergone. The learned counsel has also submitted that now after lapse of about 15 years, it will not be just to send to accused to jail to serve the sentence imposed upon him.;