- (1.) Instant appeal has been preferred against judgment dated 16-12- 2000 passed by learned III Additional Sessions Judge, Basti, in S.T. No. 68 of 2000 whereby the appellant was convicted under Section 376, IPC and sentenced to undergo 10 years R.I. and also a fine of Rs. 5000/- and in case of default in payment of fine further R.I. of one year.
(2.) Heard Sri V. C. Tiwari, learned Senior Counsel assisted by Sri Manish Tiwari for the appellant and Sri. B. K. Singh, learned AGA for the State and have gone through the record.
(3.) According to prosecution Smt. Phoola Devi wife of Ram Avtar alias Bangur Yadav, resident of village Rajarampur, police station Parasrampur, District Basti, lives along with her granddaughter Manju. On the date of occurrence on 13-12-1999 at 4.00 p.m. Manju was aged about 5 or 6 years. Accused- appellant Hasmat All resident of the same village went to her residence and on the pretext of providing sugarcane carried Manju with him inside the field of sugarcane crop of one Dashrath, undressed her, pressed her nose and mouth and committed rape on her. When Smt. Phoola came out of her house and saw that younger brother of Manju was alone and Manju was not there, she started search and found Manju in the field of sugarcane crop of Dashrath Lai. At the time she reached there Hasmat AH was committing rape and therefore on the alarm of Phoola Devi he was caught on the spot and was beaten by village persons. Smt. Phoola got FIR written from one Ram Singh of his neighbouring village and lodged at the police station under Section 376, IPC bearing Crime No. 475 of 1999. FIR is exhibit Ka-1 and Chick report is Exhibit Ka-3.;