(1.) Challenge in this appeal is to the judgement and order dated 3.3.2016 passed by Additional Sessions Judge/Fast Track Court, Jaunpur in S.T. No. 16 of 2014 (State Vs. Ram Sajivan) arising out of Crime No. 279 of 2013, under Section 376 I.P.C., Police Station-Sureri, District-Jaunpur, whereby the accused-appellant was found guilty and sentenced to 7 years rigorous imprisonment and Rs. 5000/- fine with default stipulation. Notices were also directed to be issued and proceedings under Section 344 Cr.P.C. were directed to be drawn against the victim.
(2.) Prosecution case in brief is that on 4.11.2013 an application was submitted by the victim to the S.O., Sureri, District-Jaunpur stating that her husband works at Mumbai. She lives with her two infant children in the house. On the date of incident about 1 O'clock in the night, when she was sleeping with her two infant children in the house, an unknown person entered into her house and raped her. He left her somehow, when she raised hue and cry. Thereafter, neighbors caught the accused and informed the father, uncle and other family members of the victim. The accused along-with witnesses was brought to the police station, whose name was Ram Sajivan.
(3.) The victim was medically examined by P.W. 3 Dr. Rita Dubey, who did not find any internal or external injury on the body of the victim. No bleeding or discharge was present. Vagina was admitting two fingers easily. The hymen was old torn and healed. This witness proved the medical report and supplementary report. There was no evidence of rape. Besides this witness the prosecution examined P.W. 1 the victim and P.W. 2 Ramjan. The victim proved the written report as Exhibit Ka-1 and statement recorded under Section 164 Cr.P.C. as Exhibit Ka-2.