Naheed Ara Moonis, J. - (1.) THE instant appeal has been preferred before this Court on behalf of Appellant Jamuna against the judgment and order dated 10.8.2000 passed by District & Sessions Judge Jaunpur in S.T. No. 273 of 1999 whereby the Appellant has been convicted and sentenced for life imprisonment and fine to the tune of Rs. 5000/ - in default, the Appellant has to further undergo one year's imprisonment. Out of Rs. 5,000/ - rupees 3000/ -was directed to be paid to the victim for the loss and injury caused to the victim.
(2.) PRIOR to analysing the genesis of this case following the decision passed by the Hon'ble Apex Court in the case of Premiya @ Prem Prakash v. State of Rajasthan, LXIII 2008 ACC 94 S.C. this Court does not propose to evince the name of the victim . The Apex Court has observed as follows: Section 228A of I.P.C. makes disclosure of identity of victim of certain offences punishable. Printing or publishing name of any matter which may make known the identity of any person against whom an offence under Sections 376/376A/376B/376C or 376D is alleged or found to have been committed can be punished. True it is , the restriction does not relate to printing or publication of judgment by High Court or Supreme Court . But keeping in view the social object of preventing social victimization or ostracism of the victim of a sexual offence for which Section 228A has been enacted, it would be appropriate that in the judgments, be it of this Court ,High Court or lower court ,the name of the victim should not be indicated. We have chosen to describe the prosecutrix as victim in the judgment without divulging her name.
(3.) IN a nut shell the facts of the present case is that the prosecutrix who was a minor girl aged about 7 years had fallen victim to the lust of Appellant. The prosecution case as unfolded in the first information report lodged by Ishwar Dayal the father of the victim was that on 4.6.99 at about 1.30 p.m. minor daughter of the complainant had gone to the pumping set of Bechu Sharma to bathe . The accused Appellant Jamuna Prasad who was the adopted son of Bechu Sharma was present there . The Appellant allured the victim and the victim was taken inside the room where the pumping set machine was installed . The Appellant undressed the victim and committed sexual intercourse with her. The victim was threatened and intimated that in case she would disclose anything ,she would be done to death . On disclosure of the incident by the victim, the victim was taken to the police station by Ishwar Dayal,the father of the victim on 9.6.99 at 2.15 p.m. and the father of the victim lodged the first information report which was registered as Case Crime No. 76 of 1999 under Section 376/506 IPC Police Station Barasathi District Jaunpur which is marked as Ex. Ka.2 . The police came into action and started investigation on the same day and the victim was taken to Women's Hospital Jaunpur where she was medically examined by the Medical Officer at 4.30 p.m. The following incriminating signs were found during medical examination.;