RAJJAN Vs. STATE

JUDGEMENT

(1.) HEARD Mr. Jay Narain Pandey for the appellant Rajjan and Mr. Vishnu Swaroop Srivastava learned AGA for the State and perused the record.

(2.) BY this appeal the appellant Rajjan has impugned the judgment and order dated 17.01.2007 rendered by Smt. Renu Agrawal, the then Additional Sessions Judge, Fast Track Court No. 1, Unnao in Sessions Trial No. 358 of 2005, State vs. Rajjan, whereby the learned Additional Sessions Judge has convicted and sentenced the appellant under sections 363, 366 and 376 I.P.C. to undergo rigorous imprisonment of ten years and also to pay a fine of Rs. 2,000/- and in default of payment of fine to undergo additional imprisonment of two months.

(3.) THE prosecution story may be stated as under: The complainant Sushil lodged the F.I.R., Exhibit ka-1, at the police station Hasanganj district Unnao on 30.5.2005 with the allegation that the appellant Rajjan had kidnapped the prosecutrix 'M' on 17.5.2005, which was witnessed by the witnesses Ramesh and Shri Kant. It was also stated in the FIR that on 30.5.2005 the appellant and the prosecutrix were apprehended by the complainant and the witnesses Jata Shankar, Basdev, Ramesh and Shri Kant and produced them before the police. On the basis of the said FIR, the police registered the case and proceeded to make investigation. The prosecutrix was referred to a lady doctor and was medically examined on 30.5.2005 at about 5:30 PM. The lady doctor, on medical examination of the prosecutrix, found that hymen was old torn and healed and vagina used to admit two fingers easily. Thereafter, the lady doctor referred the prosecutrix for x-ray. Dr. R.C. Verma did x-ray of wrist, elbow and knee joint of the prosecutrix and found all of the joints fused. On the basis of the x-ray report, the lady doctor P. Niranjan gave supplementary report and opined that the prosecutrix could be of 15-16 years of age on the date of occurrence. Vaginal smear was sent for pathological examination, and according to the pathological report, Exhibit ka-6, dead sperms were found in the smear. The investigating officer, after concluding the investigation, submitted charge sheet Exhibit ka-9 against the appellant.