- (1.) This appeal under section 374(2) Cr.P.C. has been preferred by appellant Nand Kishore @ Seth Pasi, son of Ram Dheraj against the judgment and order dated 1.5.2006 passed by Special Judge (S.C./S.T.) Act/Addl. Sessions Judge Court No. 2, Balrampur in Sessions Trial No. 108/2004 (State of U.P. v. Nand Kishore @ Seth) convicting and sentencing the appellant under section 376 I.P.C. for imprisonment of life and a fine of Rs. 10,000/- and in default of payment of fine to further undergo R.I. of three years. Out of the amount of fine, Rs. 7000/- was to be paid as compensation to the victim. Briefly stated, the prosecution case is that victim (name withheld by us) daughter of complainant, Chinkau @ Radhey Shyam, aged about 10 years, on 29.6.2004 at about 5:00 p.m. was playing at the door; Appellant Nand Kishore @ Seth, son of Ram Dheraj, whose house situates next to the house of complainant Chinkau @ Radhey Shyam, enticed the victim and took her to his house; he committed rape on the victim who came back to her house crying. Complainant Chinkau @ Radhey Shyam, who was present at the house, saw blood oozing out from victim's private parts and when he enquired, she narrated that appellant Nand Kishore @ Seth after removing her underpants, committed sexual intercourse with her and when she started weeping she was left.
(2.) The first information report (Ext. 'Ka'-4) of the present incident was lodged on the same day, i.e. 29.6.2004 at 22:00 hours. The victim was examined at M.I.K. Female Hospital, Balrampur on 30.6.2014 at about 1:30 a.m. by P.W. 6 Dr. Arunima Srivastava. On 1.7.2014 P.W. 7 Dr. O.P. Srivastava, Dental Surgeon took X-ray of mandible lateral/view and opined the victim's dental age to be 10-12 years (Ext. 'KA'-9). Dr. Y.P. Gupta (P.W. 8) also X-rayed right elbow, right wrist of victim; epiphysis of Head of radius and lower end of radius & ulna and medial epicondyle of the humerus and found that they were not fused (Ext. 'Ka'-8).
(3.) The investigation was conducted by S.I. Rajendra Prasad; the accused was arrested on 1.7.2004; after completion of the investigation, charge-sheet was submitted to the Court of Chief Judicial Magistrate. The Court proceeded with other legal formalities and then committed the case to the Court of Sessions. The accused denied charge framed against him for the offence punishable under section 376 I.P.C. and claimed to be tried.;