S.I.Jafri, J. - (1.) APPELLANT Harendra has filed this appeal against his conviction under Section 376 IPC and sentence of 4 years RI recorded by Sri D. C. Srivastava, II Additional Sessions Judge, Muzaffarnagar by his judgment and order dated 19-1-79 in Sessions Trial No. 332 of 1977.
(2.) THE appellant was charged under Section 376 IPC for committing rape on Km. Bulya PW 1 aged about 8 or 9 years on 10-8-77 at 1 P. M. in the Sugar Cane field of Khacheru Gujar in village Dakheri, Police Station Jansath, District Muzaffarnagar. A report of the occurrence was lodged by Rati Ram PW 2, the father of the victim and a case was registered against the appellant at Police Station Jansath Distt. Muzaffarnagar under Section 376 IPC on 10-8-77 at 5 P. M. Investigation followed and on completion of the investigation charge sheet Ext Ka 9 was submitted against him. The prosecution examined six witnesses in support of its case. The accused denied the allegations against him and stated that he has been falsely implicated in the case on acconnt of enmity.
(3.) ON the consideration of the entire evidence on the record, the Sessions Judge came to the conclusion that the prosecution has been successful in bringing home the charge against the accused and consequently the appellant was convicted and sentenced as stated above. I have heard the learned counsel for the appellant and al o the learned counsel for the State at a great length.;