RAVINDRA NATH KAKKAR,J. - (1.) These are two connected jail appeals. In the Jail Appeal No. 7262 of 2007 there was a delay of 30 days. Vide order dated 24.10.2007, delay was condoned and appeal was admitted. The appellant in both the appeals is Hari Kishan and both the appeals are directed against the judgment and order dated 25.09.2006 passed by the trial court in S.T. No. 336 of 2005 State v. Hari Kishan @ Jaishree , arising out of case crime No. 53 of 2005, under section 376 IPC, Police Station Surajpur, District Gautam Budh Nagar.
(2.) Prosecution story in brief is that on the basis of written report dated 3.4.2005 complainant Kallu Yadav deposed that on 3.4.2005 at about 8.30 morning, his daughter Yasmin, aged about 6 years went to a shop to purchase the tea leaf. On the way when she reached in front of the under construction house of one Meharban, a labour Hari Kishan called her, caught hold and entered inside the under constructed building. It is further alleged that when his daughter did not return, he along with his wife made inquiry and thereafter it was informed by neighbourers residing there that they saw Hari Kishan entering into the constructed house with the alleged victim. On being reached there they heard the shrieks of the victim, they entered into the semi constructed house along with wife and neighbourers, they saw that Hari Kishan in a compromising position with his daughter in naked position. Hari Kishan was caught hold red handed. His daughter was profusely bleeding, thereafter they were going to report at the police station along with the injured daughter and accused Hari Kishan. The accused Hari Kishan fled away taking the advantage of crowd assembled there.
(3.) On the basis of written report FIR was lodged at police station as case crime no. 53 of 2005, under section 376 IPC (Chik FIR is exhibit Ka-7), its written entry was made in the G.D. Investigation was conducted, prosecutrix was medically examined at 12.30 on the same day i.e. 3.4.2005 (medical report is exhibit Ka-2). Supplementary report was prepared which is exhibit Ka-3, site plan was prepared which is exhibit Ka-5. The statements of the witnesses were recorded and after completion of the investigation charge sheet has been filed against the accused-appellant under section 376 IPC.;