BANKEY LAL Vs. STATE OF U P

JUDGEMENT

(1.) INSTANT criminal appeal has been filed by Bankey Lal challenging his conviction in ST No.267 of 2009, Crime No.890 of 2008, under Section 376 IPC, Police Station Kotwali Dehat, District Sultanpur.

(2.) AS per factual matrix of the case, FIR was lodged by Malti Devi in Police Station Kotwali Dehat, District Sultanpur on 14.11.2008, at about 8:30 PM, alleging that she had gone to ease herself out side the vilalge, at about 5 PM. Her daughter the victim was along in the house. Bankey Lal, who is neighbour took her to his house and raped her. Her daughter narrated her plight to her aunt, then they both informed her. On this, a case under Section 376 IPC was registered. During investigation girl was medically examined. Medical examination report was prepared and charge sheet was submitted against the present appellant. After charge sheet, cognizance was taken, the case was committed to the court of sessions and charge under Section 376 IPC was framed against the appellant. He pleaded not guilty and claimed to be tired. The age of the victim was found to be 7 years.

(3.) TO prove the case, prosecution examined PW -1 Malti Devi, PW -2 Sheela Devi, PW -3 the victim, PW -4 S.I. Ram Kumar Tiwari, PW -5 Head Constable Awadhesh Kumar Yadav, PW -6 Dr. Urmila Chaudhary. The statement of the accused was recorded in which he claimed that the victim was raped by one Rajju. When the victim informed Sheela, as mother of victim was having illicit relation with Rajju, then in order to save him and due to enmity, he was falsely implicated. The accused has examined DW -1 Pintu and DW -2 Sanju as defence witness.