Ravindra Nath Kakkar, J. - (1.) This criminal appeal has been filed against the judgement and order dated 9.12.2014 passed by Additional Sessions Judge, Court No. 1, Bhadoi-Gyanpur in Sessions Trial No. 38 of 2012 (State Vs. Beeru alias Shah Alam) convicting and sentencing the appellant to undergo for seven years R.I. under section 376 IPC and to pay a fine of Rs. 10,000/- and to undergo for two years RI under section 506 IPC. In default of payment of fine he further will undergo for six months additional imprisonment. Both the sentences shall run concurrently.
(2.) Prosecution story in brief are that on 19.08.2011 at about 8.00 P.M. prosecutrix went to purchase vegetables and when she was returning, accused Beeru @ Shah Alam, resident of the same mohalla interrupted the prosecutrix, took her in a vacant plot situated in back side of his shop and committed rape with her. When prosecutrix returned home, she narrated whole story to her mother, its relevant entry is made in the general diary. The prosecutrix was sent for her medical examination at Maharaja Balvant Singh Government Hospital, Bhadoi but due to non availability of lady doctor, she was sent to District Hospital and thereafter her medical examination was conducted on 27.08.2011 at Primary Health Centre, Gopiganj at Bhadoi. Investigation was conducted, site plan exhibit Ka-5 was prepared, statement of prosecutrix was recorded, accused was arrested and statement of prosecutrix under section 164 Cr.P.C. was recorded by the Judicial Magistrate. After completion of the investigation charge sheet against accused under sections 376, 506 IPC was submitted. Charges against accused under sections 376, 506 IPC have been framed, the accused denied the charges levelled against him and claimed trial.
(3.) In support of the case, prosecution has produced three fact witnesses namely P.W. 1 Prosecutrix/victim, P.W. 2 Sunita Devi, mother of the prosecutrix and P.W. 6 Sanjay Kumar, cousin brother of the prosecutrix. Formal witnesses namely P.W. 3 Dr. V.K. Maurya, P.W. 4 Dr. A.K. Singh, P.W. 5 Dr. Manoj Kumar Mishra and P.W. 9 Dr. Aasita Sachan were examined. Further in support of police papers formal witnesses P.W. 8 Head Constable Rakesh Yadav and P.W. 7 Narendra Pratap Singh, Investigating Officer were examined. After close of the prosecution evidence, statement of the accused under section 313 Cr.P.C. was recorded. Accused in his defence has stated that Pradhan of the village Lallan Gupta with the help of his followers were encroaching the land of graveyard, on which the applicant and his father met with police and administration and due to this enmity village Pradhan, mother of the prosecutrix with the aid of the police falsely implicated the accused and further contended that P.W. 2 wanted to vacate the wooden shop of the accused which was situated in front of her betel shop..;