UDDESHYA Vs. STATE OF U P

JUDGEMENT

(1.) The appellant Uddeshya has been found guilty and convicted by the Court of Addl. Sessions Judge, Ex-cadre No.3, Ghaziabad in S.T.No.413 of 2011 arising out of case crime No.1724 of 2010, P.S. Loni, District Ghaziabad and sentenced to various terms of imprisonment, maximum being 10 years under section 376 IPC. He has also been punished for 10 years under section 366 IPC and 5 years under section 363 IPC. Fine has also been imposed.

(2.) L.C.R. has been received. I have perused the same and heard learned counsel for the parties.

(3.) It has been submitted from the side of the appellant that he is innocent and has committed no offence. It has further been submitted that the FIR is delayed by 5 days without any plausible explanation for the same. It has also been submitted that the girl was recovered by the police from the railway platform and not from the custody of the appellant. It has further been submitted that no importance of the statement of the prosecutrix recorded under section 164 Cr.P.C. can be given. It has also been submitted that the prosecutrix died a natural death on 15.11.2011. It has further been submitted that as per her ossification test the prosecutrix was found to be 18 years of age and no sign of rape was found by the lady medical officer who examined the prosecutrix. It has also been submitted that the prosecutrix could not be examined under section 231 Cr.P.C. in this case.