(1.) THIS appeal has been filed by Raju appellant against his conviction and sentence under Section 376/511 IPC. He has been sentenced to undergo RI for three years and to pay a fine of Rs. 1,000/-, in default to undergo further RI for three months.
(2.) CASE of the prosecution is that on 28.6.1992, complainant Phoolwati sent her daughter Urmila aged seven years to the house of her neighbour to bring butter-milk. After 15-20 minutes, Urmila returned and told her mother that Raju accused took her inside a room and made her to lie on a cot and after removing her undergarment and his own undergarment, he did indecent acts. The complainant noticed redness in the private part of Urmila and thereafter she lodged FIR on 29.6.1992. Urmila was medically examined. The accused was also medically examined. After completion of investigation, accused was challaned.
(3.) PW -4 Urmila and PW-5 Phoolwati fully supported the prosecution version. Dr. Rekha Yadav, PW-2 noticed a superficial abrasion and evidence of recent bleeding and noted the same in MLR Ex.PD. Ex.PL is the report from FSL, Madhuban to the effect that human semen was detected from the undergarments of the accused.