DESHRAJ Vs. STATE OF U P

JUDGEMENT

(1.) DESHRAJ has preferred this appeal against the judgment and order dated 14-4-80 of IInd Addl. Ses sions Judge, Mainpuri in S. T. No. 283 of 1979. By the aforesaid judgment and order, appellant has been convicted under Sec tions 376 and 302i. P. C. and has been sen tenced to seven years R. I. and imprison ment for life respectively.

(2.) A F. I. R. was lodged by Brij Lal at 8. 15 p. m. on 22-2-79 at P. S. Bhogaon stat ing that his daughter Nanhi Devi aged about ten years had gone to the fields at about 2 p. m. on 21-2-79 but she did not return in the night. A search was made for her and her body was found next day at 6 p. m. in the arhar field of Jairam. There were signs of injuries on the face and neck and there was blood on her private parts. In the F. I. R. suspicion was raised against the appellant Deshraj for having com mitted the crime. On the basis of the report lodged, a case was registered under Sec tions 302,376 I. P. C. at the police station in which Deshraj was named as an accused. The case was investigated by Sukhbir Singh, S. I. After completing investigation, he submitted charge- sheet against the ap pellant.

(3.) THERE is no eye witness of the oc currence and the case against the appellant rests on circumstantial evidence. We will now refer to the evidence which has been adduced by the prosecution.