Raghvendra Kumar, J. - (1.) HEARD learned counsel for the appellant and learned A.G.A. for the State of U.P.
(2.) UNDER assail in the criminal appeal is the judgment and order dated 20.10.2004 passed by learned Additional Sessions Judge. F.T.C. No. 16, Bulandshahr in S.T. No. 1798 of 1999 under section 376 I.P.C., Police Station Khurja Dehat, District Bulandshahr arising out of the case crime No. 52 of 1999 whereby the accused appellant Vijendra has been sentenced to imprisonment for life with a fine of Rs. 25,000/ - with default stipulation of additional imprisonment for 3 years. The factual matrix of the case is as follows : "Smt. Vimlesh w/o Raj Kumar, Village Hazratpur, Police Station Khurja Dehat, Bulandshahr lodged an FIR on 10.4.1999 at 11.00 a.m with respect to the incident that took place on 8.4.1999 at 4.00 p.m. According to the FIR, the daughter of the informant Rani - (named changed) aged about 6 years was playing. The informant was standing in front of her house and her daughter, aged about 6 years was playing nearby. One Vijendra, resident of village Hazratpur took away the prosecutrix on the pretext of giving her Kancha. When the prosecutrix did not come back for sufficient time then the informant was worried and she disclosed above fact to Mukesh and Rishipal who were neighbours of the informant. Along with them she made a search, when she went towards the jungle she heard the noise of weeping, when she moved forward she saw Vijendra in embraced condition with the prosecutrix who was weeping and making noise then the informant and two others accompanying her challenged the accused who left the prosecutrix and fled away towards jungle/forest. The girl was found in blood. The prosecutrix was treated by a nearby Private Medical Practitioner and she waited for arrival of her husband. When the husband of the informant came back to home, she lodged an FIR with the police."
(3.) AFTER registration of the case, the investigation proceeded in accordance with law. The underwear of the prosecutrix was taken by the police in custody.;