SURENDRA VIKRAM SINGH RATHORE, J. - (1.) CHALLENGE in the instant criminal appeal is the judgment and order dated 06.10.2008 passed by Special Judge, SC/ST Act, Lucknow in Sessions Trial No. 908 of 2007, arising out of Case Crime No.79 of 2007, Police Station Hasanganj, District lucknow, whereby the appellant Pappu Srivastava was convicted for the offence under Section 376 IPC and was sentenced to undergo imprisonment for life and also with fine of Rs.10,000/ - with default stipulation of one year's additional simple imprisonment.
(2.) THE appellant Pappu Srivastava has been in custody since the date of incident.
(3.) FOR the purpose of disposal of the instant criminal appeal, the facts of the case may be summed up as under: - The incident of this case is alleged to have taken place on 03.03.2007 at about 08.00 PM and the first information report was lodged by the father of the victim at 08.45 PM on the same day at Police Station Hasanganj, District Lucknow, alleging therein that the appellant Pappu Srivastava is permanent resident of District Sitapur but at present he was residing near Kabir Math Daliganj Crossing. At about 08.00 PM, he took the victim into his hut, who happens to be the minor daughter of the complainant aged about 4 years, on the pretext of giving Toffee and committed rape with her. The victim cried. Hearing her cries, her parents along with other persons reached at the spot and found that there was bleeding from the private part of the victim and the persons reached there apprehended the appellant. The complainant with the help of other persons of the vicinity brought the victim and the appellant to the police station for lodging the first information report which was scribed by PW -3 Israr Khan and the victim was referred for her medical examination. The pant and vest of the accused appellant and the vest and frock of the victim were taken into custody. The memo of the same was prepared and recovered items were sent to Forensic Science Laboratory for examination. The medical examination of the victim took place on the same day at 10.00 PM. According to her medical examination, no injury was found on her outer part of the body. In her internal examination which was done under anaesthesia hymen was found completely torn. There was vaginal tear one and half centimetre, perennial tear 2nd degree at 6 O'clock position about 2 centimetre in size and bleeding from tear were also present. Perennial and vaginal tears were stitched in layer. Vaginal smear was taken and sent for pathological examination for detection of spermatozoa and gonococci and the victim was referred for X -ray examination for determination of her age. In the pathological test, no spermatozoa was found and after X -ray report of the victim, the radiological age of the victim was reported to be around three years only. After completing the investigation, charge sheet was filed against the appellant.;