BARKAT ALI ZAIDI, J. - (1.) APPELLANT was tried on a charge under section 376 Indian Penal Code, in S.T. No. 417 of 2001 and Additional Sessions Judge, Court No. 8, Pilibhit, vide judgment and order dated 31.7.2007 held him guilty and punished him with 10 years R.I. plus fine Rs. 10,000/ -.
(2.) THE accused appeals. According to the prosecution ver ­sion, on 20.4.2001 in the morning around 10 O' clock. PW -2 prosecutrix Km. Lalita aged about 10 years, daughter of informant PW -1 Tarachand had gone to the field of her father, situate at the periphery of village Ghazipur Kunda, police station Barkhera District Pilibhit. She had gone to give food to her father. The father of the prosecutrix was working in the field and in the adja ­cent field was the accused Madanlal as the said field belonged to the accused. The girl was, at the time of occurrence, in her fa ­ther's hut, which is adjacent to the field .
(3.) IT is said that at that time, accused Madan Lal came into the hut and finding her alone, raped her. The cries of the girl attracted her father who came running to the hut and found his daughter Km. Lalita unconscious and blood oozing out of her pri ­vate parts. Seeing the informant, the accused ran away. It is alleged that meanwhile, the wife of informant also reached the field and the informant carried his daughter on his back to the police station Barkheda District Pilibhit where he filed a written report (Ex. K -l) the same day at 11.45 A.M.;