(1.) Instant Criminal Appeal has been filed against judgment and order dated 6.5.1998 passed by Xth Additional Session Judge, Lucknow in Session Trial No. 494 of 1996 arising out of case crime No. 29 of 1988, P.S. Itaunja whereby accused appellant Munna Godia was sentenced for seven years rigorous imprisonment and fine of Rs. 2000/-.
(2.) The brief facts giving rise to the present appeal is that on 19/20 February, 1988 in the night complainant/victim was sleeping in her house and her grand mother was sleeping in a room in the back of that place. At about 2.00 P.M. in the night, the accused appellant entered into the house and by opening clothes of the victim committed an offence as narrated under Section 376 IPC. She informed the police in writing, where case was registered under Section 376 IPC and after investigation, charge sheet was submitted against the accused appellant. Statement of the victim was recorded under Section 164 Cr.P.C. before the learned court. After submission of charge sheet, the learned Chief Judicial Magistrate took the cognizance and committed the case to the court of session where the accused was summoned and charges were framed against them for which he pleaded not guilty and claimed for trial.
(3.) In order to prove the prosecution case, PW-1 Neelam, PW-2 Dr. Smt. Santosh Singh, PW-3 Jamuna Prasad, PW-4 Ganga Prasad and PW-5 S.I. Jiledargiri were examined. In the statement recorded under Section 313 Cr.P.C. the accused-appellant denied from the charges and stated that he has been falsely implicated.
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