Raghvendra Kumar, J. - (1.) HEARD learned counsel for the accused -appellants, learned A.G.A. for the State of U.P. and perused the record.
(2.) THIS jail appeal is directed against judgment and order dated 1.11.2004 passed by Additional Sessions Judge, Fast Track Court, Court No. 5, Kanpur Nagar in Sessions Trial No. 1153 of 2003 (State v. Izhar) arising out of Case Crime No. 274 of 2002, registered u/s. 376 IPC P.S. Fasalganj, District -Kanpur Nagar whereby the accused -appellant namely, Izhar has been convicted for the offence u/s. 376(2)(f) IPC and sentenced to undergo imprisonment for life along with fine of Rs. 10,000/ - with default stipulation of three months simple imprisonment. The brief facts giving rise to this case are as follows: - - "The FIR of this case has been lodged by informant -complainant Pappu @ Rajkumar s/o Ramraj at P.S. Fasalganj, District -Kanpur Nagar on 20.11.2002 at about 12.30 hours with respect to the incident, which took place on 20.11.2002 at about 10.15 am. The accused Izhar used to visit the house of informant. On 20.11.2002 in the morning, he took the daughter of informant (i.e. prosecutrix) aged about 8 years, on the pretext of purchasing water -chestnut (singhada) for her. He took away the prosecutrix behind the factory in the herbs where he committed rape with the prosecutrix -girl child. When the prosecutrix raised alarm the passersby reached to the spot and they apprehended the accused and assaulted him. When sufficient time elapsed and the daughter did not come back, by searching the girl the informant along with his wife reached to the spot on hearing her noise. On the spot he found the prosecutrix lying in blood. The accused along with prosecutrix was taken to the police station by the informant. The FIR was lodged. The prosecutrix was medically examined."
(3.) THE prosecutrix was medically examined by a doctor on 20.11.2002 at 3.50 pm at A.H.M. & Dufferin Hospital, Kanpur and following injuries have been noted on her person: - - "(i) Abrasion 1 cm x 1 cm size present on left side of neck, 4 cm below left ear (ii) Abraded contusion present on left cheek 3 cm x 4 cm. Duration of both injuries has been mentioned as fresh. As per vaginal examination following observations have been made in the injury report: - - There is perineal tear of about 1 cm internally and extending into vaginal mucosa of about 1.5 cm length, 0.5 cm depth, 0.5 cm width seen at 5 O'clock position of vagina. Margins are fresh, irregular, duration within 8 hours. 2 slides of vaginal smear prepared for histopathological examination. The perineal tear was stitched in Operation Theatre (O.T.) under Ketamine (G. A.). In supplementary medical examination report it has been observed that possibility of rape cannot be ruled out. As per radiological examination the age of girl (prosecutrix) was assessed as 9 years. The clothes of prosecutrix were sent for chemical examination to the Forensic Science Laboratory, Mahanagar, Lucknow. The examination report is being reproduced herein below: - - ;