Aditya Nath Mittal, J. - (1.) HEARD learned counsel for the appellant, learned Additional Government Advocate and perused the record.
(2.) THIS criminal appeal has been filed against the judgment and order dated 28.02.2009, passed by the then learned Additional Sessions Judge, Court No. 1, Gonda in S.T. No. 215 of 2008, by which the appellant has been convicted for the offence punishable under Section 376 I.P.C. with an imprisonment of ten years and a fine of Rs. 5000/ -. The prosecution case in brief is that the complainant had gone to Delhi on 20.02.2008 regarding his business. His daughter aged about 15 years was alone in the house. On 21.02.2008, at about 7.00 p.m., the appellant entered into house of the complainant and committed rape with his daughter. His daughter was also threatened for dire consequences. When he came back, he came to know about the incident. The daughter of the complainant was medically examined on 26.02.2008 and after investigation, the charge -sheet was filed against the appellant for the offence punishable under Section 376 I.P.C. The appellant had denied the charges and claimed trial.
(3.) THE prosecution has examined the complainant as PW -1, who has stated that he had gone to Delhi for purchasing some goods and when he came back on 25.02.2008 then his children told that on 21.02.2008 at 7.00 p.m. the neighbour Atul Kumar Jaiswal has entered into the house. The victim had told that at that time Deepak and Dipika had gone outside to play and Atul Kumar Jaiswal had committed rape with her. The First Information Report has been proved as Ext. Ka -1.;