BALA KRISHNA NARAYANA,J. - (1.) This appeal is directed against the judgment and order dated 22.09.2009 passed by learned Additional Sessions Judge, Fast Track Court No. 2, District-Ghaziabad by which the appellant has been convicted and sentenced to imprisonment for life under Section 376 IPC with a fine of Rs. 10,000/- and in case of default of payment of fine additional imprisonment of one year.
(2.) Briefly stated the facts of this case are:- First information report of the incident was lodged by PW-2 Suraj Bhan Singh, father of the victim at P.S. Indrapuram, District Ghaziabad on 14.02.2008 at about 6.35 p.m. The prosecution story as has been unfolded in the first information report is to the effect that on 13.02.2008 at about 6.30 P.M., accused/appellant Anil Kumar came to the house of the informant and took away his 2 1/2 year-old-daughter Aanchal on the pretext to make her play, at that time the informant was in his house alongwith his deaf and dumb wife Manjesh and daughter Aanchal, at about 7.15 P.M. the accused/appellant came back with informant's daughter who was crying and there was bleeding in her private part. Seeing this, the informant Suraj Bhan Singh and his sister Gayatri took the girl first to Minakshi Hospital in Kaushambi and then on the advise of doctor to Lal Bahadur Shastri Hospital, Delhi where the victim was medically examined by PW-1 Dr. Rubi Parveen who prepared the injury report (Ext K-1). On the basis of the written report (Ext K-2) Case Crime No. 201 of 2008 was registered at P.S. Indrapuram, District Ghaziabad under Section 376 I.P.C. against the accused/appellant Anil Kumar. Chick F.I.R. as well as G.D. Entry were prepared by constable Munish Chandra. The investigation of the case was taken over by S.I. Rajendra Singh Chauhan, who after inspecting the place of occurrence, prepared the site plan (Ext K-4). He had also procured vaginal slides and cloths etc. of the victim and dispatched the same for pathological examination. The report of pathologist is on record.
(3.) The Investigating Officer after completing the investigation, submitted charge sheet (Ext. Ka-5) against the accused-appellant Anil Kumar under section 376 I.P.C. before C.J.M., Ghaziabad. Since the offence mentioned in the charge sheet was exclusively triable by the Court of Sessions, the Chief Judicial Magistrate, Ghaziabad committed the case for trial of the accused to the Court of Sessions Judge, Ghaziabad where it was registered as S.T. No. 716 of 2008, State v. Anil Kumar and made over for trial to the Court of Additional Sessions Judge, Fast Track Court, Court No. 2 Ghaziabad, who on the basis of material collected during investigation and after hearing the prosecution as well as accused on the point of charge, framed charge under Section 376 IPC against the accused-appellant who abjured the charge and claimed trial.;