- (1.)Challenge in this appeal is to judgment and order passed by learned Additional Sessions Judge, Fast Track, Court No. 1, Bulandshahr dated 24.03.2015 in ST No. 456 of 2013 (State Vs. Kullu @ Deepak) arising out of Crime No. 186 of 2013 under Section 376 IPC, PS Khurja Nagar, Bulandshahr; whereby the accused appellant was found guilty under Section 376 IPC and was sentenced to 10 years' rigorous imprisonment and a fine of Rs.50,000/ - with default stipulation.
(2.)Filtering out unnecessary details, the prosecution case as per the first information report is that Kapil, brother of the victim lodged a written report at the concerned police station on 14.03.2013 at 22:45 hours stating that on 14.03.2013, his sister aged about eight years was missing from the house since 6:00 PM. Then, the informant Kapil accompanied with Pravesh, Yogesh and Satish tried to trace the victim. When they reached near the bush of Dhakar Gate, they found the victim who was blood stained and saw accused appellant Kullu @ Deepak fleeing from the place. The appellant had raped the victim. The informant took his sister to police station and got lodged first information report. The occurrence took place at 8:30 PM. On the basis of this written report, Head Constable Sunil Kumar Sharma PW -7 scribed the chick report, which was proved as Ex. Ka 1. The details of the case was written in the GD, a copy of which was proved as Ex. Ka -3. Investigation was entrusted to PW -6 SI Brij Mohan on 15.03.2013. On the same date, he copied the chik report in the case diary. He recorded statements of the informant, witnesses Pravesh, Yogesh and Satish and inspected the spot. Further, he proved the site plan as Ex. Ka -10. On the same date, he recorded statement of Basdev and Chandra Singh. He prepared the memo of blood stained earth and ordinary earth which was proved as Ex. Ka -9. On 18.03.2013, he got pathological report of the victim and the case diary. Therefater, investigation ended into a charge sheet which was proved as Ex. K -11. Ex. Ka -12 is the report of the Forensic Lab.
(3.)The victim was medically examined by Dr. Sayara Bano ­ PW 5 who found blood stains on the thighs, legs and private parts of the victim. There was swelling on the labia majora and was tender to touch. He hymen was torn and was bleeding on touch. It was inflamed and tender. Tear of about 2 x 1 cm at 6 o' clock position was present in the mid line of perineum. This witness proved the medical report as Ex. Ka -6, Ka -7, pathological report as Ex. Ka -5 and the reference form as Ex. Ka -4.