(1.) The appellant, Jagdish Prashad, S/o Sh.Babu Ram, agedabout 31 years, permanent resident of Gulab Vatika, Loni Road, Ghaziabad hasbeen convicted of an offence punishable under Section 376 of Indian Penal Codevide judgment dated 24/08/1990 of an Additional Sessions Judge, Shahdaraand has been sentenced to undergo rigorous imprisonment for life and a fine ofRs.l,000.00 and in default to further undergo rigorous imprisonment for one yearvide order dated 5/09/1990 with further following directions:
(2.) He has been held guilty of having committed rape on an infant child namelyMarnta aged about 3 1/2 years on the 10/05/1987 at about 8.30 p.m. in thecompound of house of one Ramji Lal situated in main Krishna Gali, Shahdara.
(3.) PW1, Smt.Usha Rani and her husband PW3 Shiv Charan Gupta, along withtheir three minor daughters were residing in House No. 600/12, Krishna GaliNo.ll, Maujpur, Delhi. Their eldest daughter namely Mamta was aged about 3years at the time of the occurrence. PW2, Sh. Ram Kishan, is a D.T.C. driver byprofession and is resident of House No.660/12A, Maujpur, Delhi.