Prabhu vs State of U.P.

C.A. Rahim, J.—This Appeal has been preferred against the conviction and sentence passed by the Sessions Judge, Lalitpur on 621980 in S.T No. 39 of 1979 convicting and sentencing the appellant under Section 376,I.P.C. for five years'' R.I.

In short, the prosecution case is that on 1951978 at about 6 p.m. when the daughter of the informant aged seven years went to pluck Tendu leaves alongwith her mother and stopped near a mango tree to collect mangoes, while her mother proceeded further, the appellant caught hold of the said girl, pushed her on the ground and committed rape on her. She raised an alarm and being attracted her mother, Laxman and Mulauna arrived there. Seeing them the appellant fled away. The victim girl received bleeding injury at her private parts and her clothes were soaked with blood. She was taken to the police station the same night at about 9.15 p.m. where a report was lodged. A case under Section 376, I.P.C. was started against the appellant. The girl was referred for the medical examination. The Doctor found three lacerated injuries in her private parts, all bleeding. She was admitted to the Hospital. An Xray was done on the elbow and wrist joint which were not fused. Blood was detected from both the underwears, seized by police from the person of the victim and the accused. On serologica! examination blood was found to be human blood with group ''O''.No. spermatozoa was found during examination of the swab and smear taken from the private parts of the victim girl. According to the Doctor the injuries were fresh. During trial, apart from the Doctor, the I.O. and other witnesses, the complainant was examined as P.W. 2, P.W. 3 Maluwa ws declared hostile. The bloodstained earth from the place of the occurrence was taken by Daroga who prepared the recovery memo which was proved by P.W. 5 Ghanshyam. The Doctor was examined as P.W. 1. The victim girl was examined as P.W. 11.

The learned Counsel Sri A.B. Kher, appearing for the appellant, has submitted that the conviction was based on the solitary statement of the father of the victimgirl (P.W.2) and the victim (P.W.11). It appears that the First Information Report named one Laxman who has also been examined as (P.W.9) who has corroborated the prosecution case. No sufficient reason has been shown for implicating the accused appellant falsely. It cannot be assumed that for no reason the accusedappellant shall be victimised at the cost of the modesty of the victim. Besides the evidence of the prosecution witnesses the recovery of blood stained earth from the place of the occurrence, detection of the blood from undergarments of the victim and the accused, presence of three lacerated wounds at the private parts of the victim girl indicate commission of the offence. So I find that the prosecution has fully established the guilt of the accused that he committed rape on the victim girl on the date of the occurrence.

The learned Counsel has then submitted that there was much delay in disposing of this Appeal.So the substantive sentence be substituted to fine only. It is true that the Appeal is pending in this Court for long sixteen years but considering that the offence of rape was committed on a girl of seven years is a heinous offence and that it cannot be pardoned by substituting the sentence of imprisonment to fine only. However, considering the fact that there was delay in disposing of the appeal, the sentence of imprisonment be reduced to a period of two years, R.I.which will meet the ends of justice.

The Appeal is dismissed.The sentence of imprisonment is reduced to two years'' R.I.The bail bond of the accusedappellant is cancelled.He must surrender within one month from this day to serve out the remaining period of sentence, in default the trial court shall issue process for his arrest and detention in imprisonment to undergo the sentence.