- (1.) Heard Sri Kamlesh Kumar Tripathi, learned counsel for the appellant and the learned AGA for the State.
(2.) This criminal appeal has been preferred against the judgment and order dated 21.11.2014 passed by the learned Additional Session Judge, Court no.4, Kanpur Dehat in Sessions Trial No.255 of 2012, State of U.P. Vs. Chhangu @ Sati Shankar Kewat, arising out of Case Crime No.69 of 2011, under Sections 376(2)(i) IPC, Police Station Satti, District Kanpur Dehat convicting the appellant under Section 376(2)(i) and sentencing him to undergo 10 years Rigorous Imprisonment along with fine of Rs.15,000/- and further directed to undergo three months additional imprisonment in case of failure in depositing the fine imposed.
(3.) The prosecution case in short is that the daughter of the informant aged about 6 years was playing outside her house on 05.10.2011. Her mother was in the house. The informant had gone to hear religious discourse at about 4 p.m. Her daughter was taken by Chhangu @ Sati Shankar Kewat by giving her 'namkin and toffee' and committed rape. Her private parts were torned and she was in pool of blood. Accused came out of his house consoling his daughter, who was crying and after listening to her cries his wife and Kesari Lal son of Shiv Kumar and Kulbhushan son of Lal ji and other villagers gathered and then accused leaving his daughter ran away. Due to extensive bleeding and pain to his daughter he could not lodge the report on the same day and thereafter on the next day the report was lodged as case crime no.69 of 2011, Police Station Satti, District Kanpur Dehat under Section 376, 452 I.P.C. During investigation the victim was sent for medical examination. The statement of witnesses were recorded by the Investigating Officer, who prepared the site plan and submitted charge-sheet on 17.10.2011 against the accused. After committal of the case, the Trial Court framed charges under Section 376(2) (i) I.P.C on 17.11.2012 against the accused. The accused denied the charges and sought trial.;