VISHWA NATH @ PUJARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Kirti Prakash Singh, learned amicus curiae for the appellant and Mr. Masood Ali 'Mashu', learned A.G.A. for the State.

(2.) This appeal has been preferred assailing impugned judgment and order dated 27.8.1998 passed by learned Additional Sessions Judge-V Gonda in Sessions Trial No. 422 of 1997. The appellant has been convicted vide impugned judgment and order for offence punishable under Section 376 I.P.C. and sentenced to undergo seven years rigorous imprisonment.

(3.) It is pleaded in grounds of appeal that trial court has ignored the material evidence and facts available on face of record. It has not applied its judicious mind and totally failed to appreciate evidence of PW-1, PW-2, PW-3 and PW-4 in correct perspective. It has further pleaded that impugned judgment and order under challenge is absolutely contrary to the fundamental principles of natural justice and it is perverse in law and facts both. It has been mentioned in grounds of appeal that no independent witness was examined on behalf of prosecution to support the evidence of interested witnesses. The prosecution story does not accord with any probabilities and it is tainted. It is contended that eyewitness, namely, Ram Kripal has turned hostile and another eyewitness Jag Prasad has not been produced by the prosecution during course of trial. The trial court has not analysed and appreciated injury report of the prosecutrix properly. Likewise, medical examination of the appellant was not conducted by any doctor to assess that at the time of incident, the appellant was matured for intercourse or not. The scribe of F.I.R. was not examined before the trial court.