(1.) MUKTESHWAR Prasad, J. This criminal appeal by accused Harzeet Singh is directed against the judgment and order dated 2-7- 1981 passed by Sri J. N. Bansal, the then Sessions Judge, Lalitpur whereby he convicted the accused under Sections 376 and 323 of the Penal Code and sentenced him to undergo rigorous imprisonment for a period of seven years and six months respectively thereunder.
(2.) IN brief, facts of the prosecution case are as under: P. W. 4 Smt. Meera, wife of Hardu Rawat, a resident of Sagar, P. S. Girar, District Lalitpur handed over a written report at P. S. Girar on 10-9-1980 at 5. 30 p. m. and on the basis of her report, a case at crime No. 23 was registered against Harzeet Singh and Govind Singh under Sections 376/323 I. P. C.
(3.) AFTER registration of the case, the investigation was taken up by S. I. Ashok Kumar Nath the then S. O. , who interrogated Meera, her mother-in-law, Hardu, constable Kallu Singh and Prasant Kumar Jain, scribe of the written report. On 12-9-1980 I. O. visited the place of incident and prepared site plan. He collected broken bangles from the spot and prepared a Fard.