(1.) THE instant criminal appeal has been preferred against the judgment and order dated 27.1.2012 passed by learned Additional Sessions Judge, Court No. 5 Raebareli in Sessions Trial No. 492 of 2009 arising out of case crime no. 105 of 2007, Police Station Deeh, District Raebareli, whereby appellant Rakesh Kumar Gupta was convicted for the offence under Sections 376 and 506 I.P.C. For the offence under Section 376 I.P.C. He was sentenced to undergo rigorous imprisonment for a period of seven years and also with fine of Rs. 2,000/ - with default stipulation of six months additional rigorous imprisonment. For of the offence under Section 506 I.P.C., he was sentenced to undergo six months rigorous imprisonment.
(2.) IN brief, the facts giving rise to the instant criminal appeal may be summarized as under:
(3.) IN order to prove its case, the prosecution has examined, PW -1 complainant Smt. Ramau, PW -2 victim, PW -3 Dr. Syed Altaf Hussain, Radiologist who has prepared the ultrasound report of the victim. PW -4 Dr. Nirmala Sahu, who had medically examined the victim. PW -5 Dr. S.R. Singh, who had prepared x -ray report of the victim. PW -6 S.I. Jai Narayan Shukla, who has investigated the matter, this witness has also proved chik report and G.D. of the registration of the case as secondary evidence.