(1.) UNDER challenge in this appeal is the judgment and order dated 19.01.2007 passed by the learned Additional Sessions Judge/Fast Track Court No. 1, Sitapur in Sessions Trial No. 656 of 2005, arising out of case crime no. 595 of 2004, Police Station Laharpur, District Sitapur whereby the appellant Banshi was convicted for the offences punishable under Sections 343, 363, 366 and 376 I.P.C. and was sentenced as under: -
(2.) BRIEF facts, necessary for disposal of instant appeal, are as under: -
(3.) DURING investigation, the victim was medically examined at District Women Hospital, Sitapur on 2.12.2004 at 4:20 p.m. In her medical examination, no mark of injury were found on her person or on her private part. Her hymen was old torn and healed. Vagina admitted two fingers. Last menses had taken place about 25 days back. Axillary hairs were scanty. Pubic hairs were scanty. Breasts were developed. She was referred to radiological and pathological test. As per the supplementary report, she was opined to be 15 years of age and no definite opinion about sexual assault could be given. The Investigating Officer inspected the place of occurrence and prepared the site plan and after completing the investigation, submitted charge sheet against the present appellant only. Nomination of other two named accused persons was found to be false.