G. S. N. TRIPATHI, J.

( 1 ) THIS appeal arises out of judgment and order dated 24-8-96 passed by Sri K. A. Lojha, Sessions Judge, Bhandohi in S. T. No. 31 of 1993, State v. Nanku Sharma, u/s. 376, IPC, P. O. Byanpur, Distt. Bhandohi. By this judgment and order, the learned Sessions Judge has convicted the accused on a charge u/s. 376 and ordered him to undergo 10 years R. I. and to pay a fine of Rs. 1,000. 00. On failure to pay the fine within 30 days from the order, he will have to undergo further three months S. I.

( 2 ) THE prosecution case arises out of an FIR lodged by Bans Narain Sharma, dated 9-4-1993. He has alleged that his brother is Jagganath, whose daughter Km. Usha Devi, aged about 9 years, is the prosecutrix in this case. She had gone around 8 a. m. to pick up Mhya flowers, when the accused Nanku Sharma, who has a house adjacent to that place, persuaded her by offering sweets and thus took her inside his house and committed rape upon her. The child raised an alarm, hearing which, Vijai Nath Sharma, Prem Nath Sharma, her mother Kalawati and others arrived and saw the accused committing rape upon the child. Due to arrival of these people, the accused escaped.

( 3 ) ON th

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