Ashwani Kumar Singh, J. - (1.) THIS appeal under Section 374(2) Cr.P.C. has been preferred by appellant Chhatra Pal son of Brij Lal against the judgment and order dated 21.03.1998 passed by learned Sessions Judge, Sitapur in Sessions Trial No. 733 of 1997 (case crime No. 141 of 1996 under Section 376 I.P.C., police station Sidhauli, district Sitapur) convicting and sentencing the appellant under Section 376 I.P.C. for a period of seven years' R.I.
(2.) BRIEFLY stated, the facts of the case are that the victim P.W. 1 on 28.06.1996 at about 3.00 p.m. had gone to fetch fodder for bullocks. She was cutting fodder, in the meantime, it started raining, as a result of which, she went in the nearby mango grove and stood under a mango tree. Accused Chhatrapal was digging out stems of Arhar plants in the adjoining field. He came and asked the victim the whereabouts of her husband. The victim informed that since he was not well as such he did not come. Thereafter when she moved towards her field, appellant Chhatra Pal caught hold of her and threatened her with dire consequences. Appellant Chhatra Pal made her fell down. The victim raised alarm but the same could not be heard by villagers. Appellant Chhatra pal forcibly committed rape on the victim. He fled away after committing rape on the victim against her will. She has further alleged in the F.I.R. that she returned to her home crying and narrated the incident to other persons of the village who reached at the place of occurrence where they could not find accused appellant. The victim also stated in the F.I.R. that she suffered mental and physical agony and due to fear, she could not go to lodge the F.I.R. on the same day. A typed F.I.R. (Ext. Ka -1) was lodged at police station on 29.6.1996 at 14.40 hours. On the basis of Ext. Ka -1, chick F.I.R. (Ext. Ka -2) was prepared. The prosecutrix was sent for medical examination. She also got herself x -rayed and her age was opined above 18 years. Medical examination report (Ext. Ka -4) and supplementary report (Ext. Ka -5) were prepared. X -ray plate (Ext. Ka -1), X -ray report (Ext. Ka -7) and Pathology report (Ext. Ka -6) were also prepared.
(3.) AT the initial stage, the case was investigated by S.I. Ram Raj Pandey but at the later stage, S.I. B.L. Yadav submitted the charge -sheet (Ext. Ka -9).;