RAJU ALIAS SALEEM Vs. STATE OF U P

JUDGEMENT

(1.) Appeal has been preferred by appellant Raju @ Saleem against the judgement and order dated 21.7.2000 passed by Sri U. K. Tripathi the then 4th Addl. Sessions Judge, Kanpur Nagar in S. T. No. 1442 of 1998 whereby the appellant has been found guilty and convicted under Section 376 IPC and sentenced to undergo rigorous imprisonment for ten years and fine of Rs. 10,000/- has also been imposed on him with the direction that in default the appellant shall undergo imprisonment for six months.

(2.) Brief facts as disclosed in the first information report (EX-Ka1), lodged by R.P.Singh, father of the prosecutrix at Police Staion Railbazar, Kanpur Nagar, on 15.4.1998 at 8.45 p.m., are that when his daughter aged about five years was going from his house no. 198-II, Faithfulganj to the house no. 329 Faithfulganj and when reached near a betel shop in the field one boy who told his name as Bablu, to the daughter of the informant, allured his daughter for giving some money, took her in a lonely place near a banyan tree and there he committed rape on her at about 7.30 p.m. Thereafter he took her back and left her near "Pani Ki Tanki". The girl reached her house and narrated the incident. He immediately came with the girl at the place of occurrence but by that time the accused had gone away.

(3.) On the basis of this first information report, P.W.-3, head constable Radhey Shyam, who was posted on 15.4.1998 at the police station Railbazar, prepared the check report Ex-Ka-2. He also registered the case in the general diary at rapat no. 51. Its copy has been proved as Ex-Ka-3.