- (1.) THE sole appellant Natho Ram alias Nathoo has come to this Court chal ­lenging his conviction under Section 376, I.P.C. and implanted sentence of five years RI recorded by Sessions Judge, Kanpur Dehat (earlier Non-Metropolitan Area) vide impugned judgment and order dated 31.3.1982 recorded in S.T. No. 470 of 1981, State v. Natho Ram.
(2.) IN short, prosecution allegation against the appellant is that on 29.5.1981 at 6.00 p.m. he had outraged the chastity of a young dam ­sel aged about 12 years namely Km. Kesar P.W. 2, daughter of informant Sone Lal P.W. 1, near a pond situated in village Taranpur, P.S. Bhognipur, district Kanpur Dehat. Medical examination of the victim Km. Kesar was conducted by Dr. Smt. Lata Mehrotra P.W. 4, who had prepared her medi ­cal examination report Ext. Ka-2 and supple ­mentary report. Attire of the victim has been proved by her as material Ext. 1, X-ray of the victim was conducted by Dr. H.C. Prasad P.W. 5, who has proved the X-ray plate Ext. Ka-3 and its report Ext. Ka-4. According to the doc ­tor, victim was 12 years of age.
(3.) CRIME was registered by constable Moharir Ram Pal on 23.5.1981 at 3.05 p.m. vide Ext. Ka-5. GD entry of registration of crime is Ext. Ka-6. Initial investigation into the crime was conducted by SI R.K. Pandey, who copied the GD entry, chik FIR and re ­corded 161, Cr.P.C. statement of the mother of the victim. P.W. 6 also prepared site plan Ext. Ka-7 and had also conducted 82-83 Cr.P.C. proceedings against the appellant vide Ext. Ka-8 to Ka-12 and subsequently conclud ­ing the investigation had charge-sheeted the appellant vide Ext. Ka-14. Finding case of the appellant triable by sessions court, it was com ­mitted to the court of session by the Magis ­trate.;