BABU Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal is directed against order dated 12-9-1978 by Sri G. L. Tandon, learned IVth Additional Sessions Judge, Moradabad in S. T. No. 255 of 1978 by which appellant was acquitted of the charge of rape but was convicted under Section 363 of Indian Penal Code and sentenced to four years rigorous imprisonment.

(2.) THIS appeal was listed for hearing today. List has been revised. No Advocate on behalf of appellant came forward to press this appeal. Sri Viresh Misra learned Advocate for appellant: arrived subsequently and argued the appeal at length.

(3.) KM. Baby was examined on 13-4-1978 at 8.30 P. M. by lady doctor who detected blood on both thighs and legs of the child. Smear was taken for examination. Injuries were found fresh on private parts of the child but the doctor was not definite about the rape vide injury report Ext. Ka-2. Genuineness of this report and injury report of appellant Ext. Ka-3 was admitted by the learned Advocate for appellant at the stage of trial.