(1.) Heard Sri Anurag Singh Chauhan, learned Amicus Curiae for the appellant, learned A.G.A. for the State and perused the material available on record.
(2.) The instant criminal appeal has been preferred by the appellant -Ganga Ram challenging the judgment and order dated 04.08.2007 passed by learned Additional Sessions Judge/F.T.C. Court No. 1, Unnao, in Sessions Trial No. 491 of 2006, relating to Case Crime No. 210 of 2006, under Sec. 376(2) (f) IPC, Police Station Barasagwar, District Unnao, whereby the appellant Ganga Ram was convicted for the offence under Sec. 376(2) (f) IPC and was sentenced with imprisonment for life and also with fine of Rs. 20,000/ - with default of six months' additional imprisonment.
(3.) In brief, the case of the prosecution was that on 21.06.2006 at about 14:30 hours the complainant Chandrakali lodged an FIR alleging therein that at about 11:00 a.m. her minor daughter aged about 8 years (hereinafter referred as victim) was playing on the door of her house. Meanwhile, appellant Ganga Ram who resides in the neighbourhood, on the pretext of giving mangoes to her had taken the victim to his house where appellant committed rape with her. Hearing the cries of the victim the complainant and her Devar Uma Shanker reached there and found that there was bleeding from the private part of the victim and appellant was committing rape with her. Seeing these persons the appellant ran away from there. Hearing the noise, other persons of the village also reached there. Thereafter the complainant alongwith the victim came to the police station and lodged the FIR. During investigation blood stained underwear of the victim was taken into custody and its memo was prepared. Salwar and Kurta of the victim was also taken into custody and its memo was prepared on the same day. The victim was referred for her medical examination which was conducted on the same day at 7:05 p.m. in Unnao District Hospital and as per her medical examination report her breasts were not developed, axillary and pubic hairs were not present. Her weight was 19 kgs. Height was 120 cms. and teeths were 12/12. On the external examination of the body no injury was found on any part of the body. In her internal examination blood was oozing out from her private part. Vaginal tear 2 cm. In size was present with swelling. Two vaginal smear slides were prepared and the victim was referred for her X -ray for determination of her age. The Investigating Officer inspected the place of occurrence and prepared the site plan. In the vaginal smear slide no spermatozoa was found.