K.K. Misra, J. - (1.) THE instant criminal appeal arises against the judgment and order passed by the Additional Sessions Judge (F.T.C. -II), Lucknow dated September 2, 2004 in Sessions Trial No. 416 of 2004 and in Crime No. 395 of 2003 charged under Section 376, I.P.C., Police Station Talkatora, district Lucknow sentencing the accused -Appellant to undergo life imprisonment with a fine of Rs. 1,000 and in default of payment, he shall undergo 3 months rigorous imprisonment for the offence under Section 376, I.P.C.
(2.) PROSECUTION story in brief, is that the complainant Shri Nizamuddin son of Chhotey Khan, resident of Jhopad patti by the side of Nullah in E -Block, Sector -5, Rajajipuram, Lucknow, on 8.10.2003 in the day about 3 p.m. his daughter Km. Shabnam aged about 7 -8 years was playing in the vicinity and Bheem Bahadur alias Kana of the mohalla seduced his daughter Shabnam and took her in his lap to the house of Naseem Gaddi and there, he forcibly committed rape on her as a result of which blood was oozing out from her private part and on hearing the cry of the daughter when the wife of the complainant Nizamuddin reached there, the miscreant Bheem Bahadur fled away from the spot leaving her daughter on the floor and on bringing her daughter home, the prosecutrix became unconscious and after gaining her consciousness, the complainant lodged written report at the police station Tal Katora, Exhibit Ka -1. On the basis of the written report, chik report (Exhibit Ka -12) was prepared and the case was registered and assigned for investigation. After the conclusion of the evidence, finding the evidence sufficient to proceed with the case, the Investigating Officer submitted charge -sheet Exhibit Ka -10 against the accused -Bheem Bahadur alias Kana under Section 376, I.P.C. in the court of Magistrate.
(3.) THE cognizance was taken by the learned Magistrate on 8.12.2003 and the case was committed to the court of Sessions on 5.6.2004.;