Aniruddha Singh, J. - (1.) Heard Sri Rajendra Kumar Sonker, learned counsel for the appellant as well as Sri P.K. Srivastava, learned AGA and perused the record.
(2.) This criminal appeal under Section 374(2) Cr.P.C. has been preferred by Deshraj Pasi against State of U.P. challenging judgment and order dated 1.10.2016 passed by Special Judge, POCSO Act, 2012/ Additional Session Judge Court No.1, Kanpur Dehat in Special Session Trial No. 10 of 2014(State vs. Deshraj Pasi) arising out of Case Crime No. 385 of 2013, Police Station Gajner, District Kanpur Dehat convicting and sentencing appellant to undergo ten years' rigorous imprisonment with fine of Rs.20,000/- under Section 4 POCSO Act and three years' R.I. with fine of Rs.5000/- under Section 457 IPC and in case of default in payment of fine to further undergo additional imprisonment for six months and three months under Section 4 of POCSO Act and Section 457 IPC respectively. All the sentences to run concurrently and period spent in jail by the appellant shall be adjusted in the sentence awarded by the Court.
(3.) According to prosecution case, FIR was lodged against the appellant alleging that on 7.12.2013 at 9:30 P.M. Deshraj Pasi entered into house of complainant, raped forcibly daughter(17 years) of complainant Suraj Bali without her will and consent. When she informed about the incident to her mother, FIR was lodged on 10.12.2013 at 17:50 at police station concerned under section 376(2) Jha, 457 IPC and section 4 of POCSO Act. Statement of victim was recorded under Section 164 Cr.P.C. on 17.12.2013 wherein she stated same version as complainant stated in the FIR. She clearly stated that she was aged 16 years on the date of incident and she was raped by the appellant in her house at night. She was medically examined by the concerned doctor and doctor found that her hymen was torn at 3 o' clock, 9 o' clock & 6 o' clock and six injuries were found on the body:- 1) Abrasion on right side of face about 1 cm. In front of angle of mandible 1 cm x 0.5 cm size, brownish black in colour. 2) Abrasion on right side of upper part of neck 1 cm x 1.5 cm in size brownish black in colour . 3) A linear abrasion about 1.5 cm below injury no. 2, 1.5 cm x 0.1 cm in size, brownish black in colour. 4) A linear abrasion in front of neck 2 cm x 0.1 cm in size brownish black in colour. 5) A bruise over upper part of right breast 15 cm x 7 cm in size bluish black in colour. 6) A bruise over inner side of left breast 6 cm x 3 cm in size bluish black in colour. Injury nos. 1,2,3 & 4 caused by friction of hard blunt . injury no. 5 & 6 caused by hard blunt object. Duration about four days. No spermatozoa was found as per supplementary medical report.;