(1.) Heard Sri Ravesh Kumar Singh, learned counsel for the appellant and Sri N.B.Singh, learned Additional Government Advocate for the State.
(2.) This appeal has been preferred against the judgement and order dated 17.12.2008 passed by the Additional Sessions Judge, Court No. 7, Etawah in S.T. No. 430 of 2007, by which the appellant was convicted under Section 376 I.P.C. and sentenced him to undergo life imprisonment and fine of Rs. 50,000/-. In default of payment of fine, the appellant would further undergo R.I. for one year. The victim will be paid 50% of all the amount of fine imposed on the accused as compensation.
(3.) The facts and circumstances giving rise to this appeal are that on 11.11.2007, the accused who is father of the prosecutrix forcefully assaulted her sexually and committed rape upon her at about 8/9 P.M. and again on 12.11.2007 at about 6.00 A.M. in the morning. As per the prosecution case, on the fateful date the prosecutrix was sleeping with her mother Rambeti. When the mother of the prosecutrix raised the objection then accused pushed her and tied her hands and legs. Subsequently he has taken the prosecutrix towards baramada and he committed rape upon her. On 12.11.2007 at 10.30 A.M., F.I.R. of this incident was promptly lodged, at police station Chakar Nagar, Etawa. Medical examination was conducted on 12.11.2007, wherein it was found that hymen was torn although no external injury was found on the body of the prosecutrix. No definite opinion about rape was given by the Doctor, who had conducted medical examination of the prosecutrix. After completion of the investigation, the police filed a charge-sheet under Section 376 I.P.C. against the appellant. As he denied the charge, refuted the prosecution story and pleaded innocence, he was put to trial.