BRAJ KISHORE Vs. STATE OF U.P.

JUDGEMENT

(1.) By way of this appeal, the appellant- Braj Kishore has challenged the Judgment and order dtd. 25/8/2008 passed by court of Additional Sessions Judge, Court No.3, Jhansi in Session Trial No.87 of 2007 arising out of Case Crime No.131 of 2006, under Sec. 376 Indian Penal Code ( hereinafter referred to as 'IPC'), Police Station- Mauranipur, District Jhansi whereby the accused-appellant was convicted under Sec. 376 IPC and sentenced to imprisonment for life.

(2.) The brief facts as per prosecution case are that on 17/12/2006, a written report was submitted by Raj Kumar stating therein that on 16/12/2006 at about 4:30 p.m. the prosecutrix, a girl of 10 years of age, was returning to her House. On the way the accused-appellant met her. He took her in his house, committed rape with the prosecutrix and when she raised hue and cry, the accused- appellant ran away. The report of the incident was lodged on the next day at 1:20 a.m. i.e. in the night between 16/17/12/2006. A case crime No.131 of 2006 was registered at Police Station Mauranipur, District Jhansi under Sec. 376 IPC.

(3.) S.I.-Ram Naresh Singh took the investigation, visited the spot, prepared site plan, recorded statements of the prosecutrix and witnesses. Medical examination of prosecutrix was conducted by the doctor.