RANJEET SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 11.01.2001 passed by the Vth Additional District and Sessions Judge, Sultanpur in Sessions Trial No. 253 of 1997 arising out of Case Crime No. 291 of 1996 under Section 376 IPC, Police Station Baldirai, District Sultanpur.

(2.) Vide the impugned judgment and order, the Trial Court had convicted the accused-appellant for the offence under Section 376 IPC and sentenced him to undergo 10 years rigorous imprisonment with fine of Rs. 2,000/- and in the event of non payment of fine three months additional simple imprisonment.

(3.) The substance of the allegation as per the FIR against the accused-appellant is that on 07.08.1996 at around 7:30 A.M. the accused-appellant enticed away 4 years old daughter of the complainant inside his house on the pretext of giving her guava. At that time the complainant, mother of the prosecutrix was cleaning the utensils on the door of her house. After half an hour she heard the cries of her daughter and she went to the house of the accused-appellant and asked him to open the door. However, the accused-appellant did not open the door. She raised alarm on which Sahab Bux, Om Prakash, Dularey etc. got collected and the accused-appellant opened the door of his house. The minor daughter of the complainant came out of the house. Her underwear was removed and when enquired she indicated towards her private part from where the blood was coming out. The accused-appellant was caught hold of by the people who got collected and brought to the police station. Complaint to that effect was given at the police station by the mother of the prosecutrix. On the basis of which the FIR, Exh.Ka-4 at Case Crime No.229 of 1996 under Section 376 IPC was registered at 11:30 A.M. against the accused-appellant. After investigation of the crime, the investigating officer filed charge sheet against the accused-appellant. Charge was framed against him under Section 376 IPC which he denied and claimed for trial.