CHAITU @ MANIRAM Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri Saurabh Chandra, learned counsel for the appellant and Shri Sharad Dixit, learned AGA for the State respondent.

(2.) THIS criminal appeal has been filed challenging the judgment and order dated 22.9.2008 passed by the learned Additional Sessions Judge, Court No.4, Faizabad in Sessions Trial No.206 of 2008 by which he has convicted the appellant under Section 376 (F) IPC and sentenced him to undergo 10 years RI and to pay fine of Rs.10,000/ -. In default of payment of fine, the appellant has to undergo further one year RI.

(3.) THE prosecution story, in brief, is that FIR (Ex.Ka.1) was lodged by Kamla Devi alleging that on 15.3.2008, her daughter - the victim, aged about 10 years, had gone to play with her friends. When they were near the grove of Surjit, the appellant took her daughter, on the pretext of giving her peas, in the sugar cane field of Samar Bahadur and forcibly committed rape with her. The incident was of about 1 PM. Her daughter came home crying and her salwar was stained with blood. On this, a case under Section 376 IPC was registered in Police Station Kotwali Bikapur, District Faizabad on 15.3.2008, at about 2:30 PM. The Investigating Officer sent the victim for medical examination in Woman Hospital, Faizabad. The Investigating Officer had prepared site plan (Ex.Ka.1) and recorded the statement of witnesses. After investigation charge sheet was submitted on 30.3.2008.