Mahboob Ali, J. - (1.) Heard Sri Abhishek Sharma learned Amicus Curaie for the appellant and learned AGA for the State.
(2.) This appeal is directed against the judgment and order dated 26.08.2004 passed by learned Additional Sessions Judge, fast track Court No. 4, District Badaun by which the appellant has been convicted and sentenced to imprisonment for life with a fine of Rs. 5000/- under Section 376 IPC and in case of default in payment of fine additional imprisonment of six months.
(3.) Briefly stated the facts of the case are ; Sher Singh PW-1, father of the victim, lodged the first information report of the incident at Police Station Kotwali District Badaun on 24.01.1999 at 14.50 hours; The prosecution story as has been unfolded in the first information report is to the effect that on 23.01.1999 the first informant Sher Singh who is a resident of Bareilly, had gone with his family to Mohalla Katra Jalindri Sarai, Badaun to attend the marriage ceremony of his Bua's son Munna Lal ; at 10 p.m. on the same day i.e., 23.01.1999 when his daughter Pushpa aged about 8 years was playing with other children, appellant Chhotey Lal from the neighborhood came there and tried to entice the girl to take her along and when Mordhwaj (fufera bhai of the first informant) asked him as to where he was taking the girl, he explained to Mordhwaj that he will just bring the girl back after making her play, thereafter the appellant took the girl to his house; after 15-20 minutes when the girl did not turn up, the first informant along with Mordhwaj and Ram Singh went to the house of appellant Chhotey Lal, who opened the door and came out holding his pant in his hand and when they enquired about the victim, the appellant stating his ignorance, fled away immediately; then they entered the room only to see that the victim was lying on a piece of cloth in an unconscious condition with her pajami and kachchi pulled down, they also saw that her private part was bleeding, thus, having rapped the victim with those clothes only, her father brought her to Sheel Nursing Home, Barielly for treatment where she was admitted at 3.30 in the night and on asking, the victim narrated the incident to her father (the first informant) in her own language to the effect that the appellant Chhotey Lal had raped her; in the morning on 24.01.1999 the first informant was told that the report of the incident has to be lodged in Badaun, so, he brought the victim back to Badaun and got the first information report, lodged.;