RAGHU RAJ Vs. STATE OF U P

JUDGEMENT

(1.) P. P. Gupta, J. This is a criminal appeal filed by accused-appellant Raghuraj under Section 374 Cr. P. C. against judgment and order, dated 23rd December, 1982 passed by Sri D. N. Khanna, Special Judge, Rai Bareli convicting and sentencing the appellant for five year's R. I. under Section 366 and Seven Year's R. I under Section 376 I. P. C.

(2.) BRIEFLY stated, prosecution case is that on 15-11 -77 at about 5,00 P. M. . Km. Sunita, aged about 9 years, was raped by the accused Raghu Raj inside her house. H is not disputed that Raghu Raj and Km. Sunita are closely related. Km Sunita is the cousin sister of Raghu Raj. Ragnu Raj was living in a separate portion of the same house in which Km. Sunita alongwith her mother was living.

(3.) AFTER her medical examination and first aid, Km. Sunita was taken by her mother Smt. Ram Rati and witness Nand Kishore to her house at about 12. 00 in the night. Since bleeding continued and her condition became serious she was brought to the Dufferin Hospital, Lucknow at about 4. 00 AM. the next day.