- (1.) Under challenge in this appeal is the judgment and order dated 29.2.2001 passed by Sri Dina Nath, VII Ith Additional Sessions Judge, Faizabad, convicting the Appellant in S.T. No. 565 of 1998 under Section 376, I.P.C. and sentencing him 7 years' rigorous imprisonment and a fine of Rs. 10,000 in default one year's additional rigorous imprisonment and further convicting him under Section 323 I.P.C. and sentencing two months' rigorous imprisonment.
(2.) Briefly stated the facts are that on 22.2.1998 at about 1.30 p.m. while the prosecutrix Maiser Jahan (P.W. 1) was carrying sugarcane alongwith her younger brother Taufiq Ali (P.W. 2) the Appellant suddenly grabbed and took her away to a nearby field and after shutting her mouth knocked her down. Thereafter he undressed her and committed rape. Her younger brother aged about 11 years, helplessly kept shouting. Soon thereafter several persons assembled there and the Appellant left the place after threatening them. The prosecutrix came to her house and told about the incident to her mother. Her mother then went to the house of the Appellant to lodge oral protest but there both of them were beaten by the Appellant. The F.I.R. was lodged on the same day at about 4.40 p.m. Her medical examination also took place on the same day at the Primary Health Centre, Gosaiganj, Faizabad. At the time of medical examination she complained of pain in her head, chest, back, lower abdomen and vagina. Thereafter she was referred to Mahila Hospital for gynaecological expert opinion. On the next day, i.e., 23.2.1998 she was examined there. After completion of the investigation a charge-sheet was submitted against the Appellant. The Appellant denied the charges and claimed trial.
(3.) In order to prove its case the prosecution produced prosecutrix Maiser Jahan (P.W. 1), her mother Saira Bano (P.W. 2), younger brother Taufiq Ali (P.W. 3), Dr. Satyendra Singh, the then Medical Officer posted at P.H.C. Gosainganj (P.W. 4), Dr. Neeraja Mala, the then doctor posted at District Women Hospital, Faizabad (P.W. 5) and S.I. Arun Kumar Gautam, Investigating Officer (P.W. 6).;