ARVIND K.TRIPATHI, J. - (1.) HEARD Mr.Sunil Vashishtha, learned Advocate appeared on behalf of the appellant, learned A.G.A. Mr. A.N.Mulla, on behalf of the State and perused the record.
(2.) THE case was heard on 24.2.2015 and judgement was reserved.
(3.) THE present Criminal Appeal has been preferred against the judgement and order of conviction dated 19.12.2005 passed by the learned Additional Sessions Judge, Court No.8, Meerut in S.T.No.460/2005 (State vs. Mool Chand) arising out of Case Crime No. 375/04 PS. T.P.Nagar, District Meerut convicting and sentencing the appellant under section 376 I.P.C. to undergo life imprisonment with fine of Rs.10,000/ - and in default of payment of fine, to undergo further six months' additional imprisonment. The brief facts of the case are that the First Information Report was lodged and registered on 30.12.2004 at about 7.20 A.M. by Kamal Singh, father of the victim Kumari Lalita, aged about 10 years. According to the version of the First Information Report, his wife Smt.Mukesh sent the victim Lalita at about 7.50 P.M. to bring Bidi from the shop, situated in the village Puttha. However, she did not return and she was not traceable. In the morning at about 5.00 A.M. on 30.12.2004 she returned while weeping and informed that in the previous evening one person met her in the way and asked about Dharmshala. Hence she went alongwith him to show Dharmshala. After crossing over the wall of Dharmshala she was taken to jungle and that unknown person committed rape and she became unconscious. There was bleeding from her private part. The First Information Report was lodged against unknown person Ext.Ka -3 at Police Station T.P.Nagar, District Meerut. She was sent for medical examination in Pyare Lal Sharma Hospital. The Investigating Officer collected and sealed the pant of the victim and bundle of Bidi. Spot inspection report was made. Victim was referred to the Women Hospital, Meerut. Since there was profuse bleeding from her private part, hence for further treatment she was referred to Medical College. From medical report as well as the opinion of the doctor it was found that the rape was committed upon her. The appellant was arrested by the Investigating Officer on 6.1.2005. The charge sheet was submitted against the appellant under section 376 I.P.C.;