Umeshwar Pandey, J. - (1.) The judgment and order of conviction and sentence dated 25.11.1994 passed by the Addl. Sessions Judge, Meerut is under challenge in this appeal. The appellant Jamshed @ Pappu has been convicted and sentenced for the offence punishable under Section 376 I.P.C. and has been directed to undergo rigorous imprisonment for ten years and also to pay fine of Rs. 2000/-.
(2.) The backdrop facts of the case which have led for the prosecution of the appellant are that on 3.1.1993 when the prosecutrix Km. Puja aged about seven years and the daughter of complainant Sukhbir Singh (P.W. 1) had gone to ease herself in a sugarcane field located in the back of Sulphur Factory of Mawana town at about 11 A.M. her father overheard her shrieks. Thereupon he along with Ghaffar (P.W.2) and one Niranjan Singh rushed to the place where from the sound of cries were coming and found that the appellant-accused after having undressed the prosecutrix was committing rape upon her. The accused having seen the complainant and the witnesses immediately left Puja and ran away. The prosecutrix was in a bad state with profuse bleeding and she was taken to a Nursing Home by the complainant. Puja was admitted there and received some medical succor.
(3.) The complainant remained busy with the treatment of his daughter and he could manage going to the Police Station for lodging the F.I.R. only the next day. A case of rape was registered against the accused upon the written information of the complainant and the investigation of the same was started. On 5.1.1993, the Investigating Officer, S.I. Karan Singh (P.W.5) arrested the accused-appellant Jamshed from his residence. He sent the prosecutrix to District Hospital, Meerut for medical examination on 7.1.1993 and had also taken possession of the bloodstained undergarment worn by Puja at the time of the incident. He also took possession of the bloodstained sugarcane leaves which were found on at the place of incident and prepared the respective memos of these two articles separately. He also obtained the certificate of the admission of the prosecutrix in Shastri Nursing Home from Dr. Aniruddh Singh, In-charge of that Nursing Home. The bloodstained panty of the prosecutrix and the sugarcane leaves which were taken into possession by the Investigating Officer were sent to the Chemical Examination Laboratory, Agra and on proper examination the panty was found stained with human blood and also spots of semen were detected on it.;