JUDGEMENT
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(1.)UNDER challenge in this appeal is the judgment and order dated 14.9.2012 passed by the learned Additional Sessions Judge, Court No. 3 Faizabad in Sessions Trial No. 226 of 2012 arising out of Case Crime No. 389 of 2012, whereby the appellant was convicted for the offence under Section 376 and 366 I.P.C. However, he was acquitted of the charges under Section 363 I.P.C. For the offence under Section 376 I.P.C., the appellant was sentenced to undergo rigorous imprisonment for a period of seven years and also with fine of Rs. 5,000/ - with default stipulation of six months simple imprisonment. For the offence under Section 366 I.P.C., he was sentenced to undergo rigorous imprisonment for a period of three years and also with fine of Rs. 2,000/ - with default stipulation of two months simple imprisonment.
(2.)AS per version of F.I.R., the case of the prosecution was that Shahid lodged an F.I.R. at the police station on 14.4.2012 at 3:30 p.m. alleging therein that on 13.4.2012 at about 8:00 p.m., his minor daughter aged about 12 years had gone to attend the call of nature and she has been enticed away by the present appellant. It was also mentioned in the F.I.R. that appellant Monu was wanted in some other case, therefore, in order to avoid himself from the clutches of the police, he was living in the house of his maternal grand mother in the village of the complainant. Whenever the villagers objected his presence in the village then his maternal grand mother, named Nazma, started quarreling with such persons.
(3.)ON this F.I.R., the case was registered and investigation started and the victim was recovered on 15.4.2012. She was referred for medical examination. Her medical examination took place in the Women Hospital, Faizabad and in the medical examination report, no mark of injury on any part of the body was found. Hymen was old torn and healed. Vagina admitted two fingers easily. No other abnormality was detected. The victim was referred for x -ray for determination of her age and vaginal smear slides were prepared and the same was sent for test. On the basis of the aforesaid tests, the radio logical age of the victim was reported to be 16 years. However, there is no supplementary report on record. The place of occurrence was inspected by the Investigating Officer on 22.4.2012.
After completing the investigation, charge sheet was filed against the appellant.
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