NANKAU @ GORE LA Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been filed under Section 374(2) of the Code of Criminal Procedure (In short Cr.P.C.) against the judgment and order dated 17.08.2009 passed by learned Additional Sessions Judge/ FTC No.4, Gonda in Sessions Trial No.249 of 2007 (State Versus Nankau @ Gore Lal) arising out of Case Crime No.4 of 2005, Police Station Umari Begam Ganj, District Gonda convicting the sole appellant under Section 376 IPC and sentencing him with rigorous imprisonment of 10 years and fine of Rs.3000/- and in default of payment of fine three months additional rigorous imprisonment.

(2.) Brief facts for deciding this appeal are that Shiv Nath Singh (PW 1), who is the father of prosecutrix Preeti Singh (PW 2), lodged a first information report (Ext. Ka-5) against the appellant on 22.01.2005 at about 03:10 P.M. having case crime No.04 of 2005, under Sections 376, 511 IPC, Police Station Umari Begum Ganj, District Gonda, in respect of an incident which alleged to have taken place on 15.01.2005 at about 09:00 A.M. It has been alleged in the FIR that on 15.01.2005 at about 9:00 A.M., appellant Nankau @ Gore Lal taken away his daughter, namely, Preeti aged about seven years in the field of Lahi and tried to commit rape upon her. When she cried, the villagers, namely, Sukhram, Kaliprasad and Islam Ali hurriedly came and saw that Nankau was escaping away from the place of incident. That case was investigated by Ram Ajor Yadav, SI Thereafter, the Investigating Officer prepared the site plan (Ext. Ka-1) and started the investigation. The prosecutrix was medically examined on 24.01.2005. Thereafter the investigation was transferred to Police Station Tarab Ganj and after completing the investigation, the Investigating Officer Sharad Chandra Tripathi submitted charge-sheet (Ext. Ka-7) against the appellant under Section 376 IPC.

(3.) The medical examination of the prosecutrix was conducted by Dr. Arunima Srivastava and prepared the medico legal examination report (Ext. Ka-2). In general examination conducted on 24.01.2005 at 12:50 p.m., the prosecutrix was found fully conscious. At the time of examination, her height was 114 cm, weight 15 kgs, teeth 6/6-6/6, pubic and auxiliary hairs absent, breast and nipple infanted and not developed. No mark of injury anywhere on the external surface of the body was found.