Raghvendra Kumar, J. - (1.) HEARD learned counsel for the appellant and learned A.G.A. for the State of U.P. and perused the record.
(2.) UNDER assail in this appeal is the judgement and order dated 29.6.2009 passed by the Additional Sessions Judge, Court No. 11, Aligarh, in S.T. No. 1085 of 2008, arising out of case crime No. 337 of 2008, under section 376(2)(f) I.P.C. P.S. Banna Devi, District Aligrh whereby the accused appellant, Yash Pal alias Kali has been convicted and sentenced to imprisonment for life with fine of Rs. 20,000/ - with default stipulation of six months additional rigorous imprisonment. The brief facts of the case are that on 28.5.2008, there was a programme of Devi Jagaran in the village. The daughter of the informant Gajraj Singh aged about 11 years went to see Jagaran at about 9.30 p.m. alongwith her two neighbouring friends. The accused appellant called the prosecutrix and enticed her and took away behind the temple. Thereafter he lifted her in the lap and took her at the Rly track. Her friends, Sunita and Anita immediately rushed to the house and informed to the family of the prosecutrix. Thereafter the informant alongwith his wife and elder sister -in -law and two others went towards the Rly. track with torch. They saw in the torch light that the accused appellant was committing rape with the prosecutrix. Seeing the family members of the prosecutrix, the accused appellant escaped from the spot alongwith clothes in his hand. The F.I.R of the case was lodged with the police by the informant/complainant Gajraj on 28.5.2008 at 2230 hrs with respect to the incident that took place on the same day at 9.30 p.m. After registration of the case, the investigation proceeded in accordance with law. The clothes of the prosecutrix were taken by the police and the recovery memo was accordingly prepared. The prosecutrix was medically examined and the Dr. has noted the following injuries.: "1. One contusion in area of 7 X 2 cms on front of right side of chest joint. 2. One reddish contusion 2 X 2 cms on outer margin of left upper arm middle area 3. Injury reddish contusion 2 X 1.5 cms on outer surface of left upper arm 2cm above left elbow joint.
(3.) ONE (Traumatic Swelling) 4 X 3 cms on left face;