- (1.) HEARD learned counsel for the appellant, learned AGA and perused the record.
(2.) THIS Criminal Appeal has been filed against the judgement and order dated 15.01.2008 passed by the Sessions Judge, Faizabad by which the applicant has been convicted for the offence punishable under section 376 IPC and has been sentenced to ten years rigorous imprisonment along with fine of Rs.5000/ -.
(3.) AS per the prosecution case, on 3/4 -07 -1999 at about 3.00 am in the night, the accused Ram Nayan had entered into the house of complainant and had committed rape with his daughter aged about 16 years. Upon her alarm, the brother of the complainant came on the spot and had seen the accused in the light of torch. The accused escaped away from the spot. When the complainant came back in the morning from the relationship, then his wife and daughter told about the incident, regarding which the report was lodged on 04.07.1999. After investigation of the case, the charge -sheet was filed for the offence punishable under section 376 IPC. The accused has denied the charges and claimed trial. The prosecution has examined the victim as PW -1, who has stated that when in the night she was sleeping, then at about 3.00 am, the accused had entered into her house and had committed rape with him. Upon her alarm, her mother had came who was pushed by the accused. Her uncle had also came on the spot, who had seen the incident of rape. She has further stated that prior to it also, the accused had committed rape with him under the threat, due to which, she was pregnant. She had not told the previous incident because the accused had threatened him for dire consequences. She has further stated that her father was not present at the time of incident and he had gone in a relationship. When her father had came back in the morning, she told the incident to him. Her mother and uncle had also told the incident, upon which the report was lodged. Her statement was recorded before the Magistrate and she was sent to medical examination. After the incident, she gave birth to a girl child, which was the result of the said incident of rape. Now she has been married and she is residing with her husband and said girl child is also residing with her.;