( 1 ) ZAHOOR Ali, appellant has been convicted for the offences punishable under Ss. 363, 366 and 376 IPC and sentenced to 3 years R. I, 5 years R. I. and to 10 years R. I. respectively for these offences.

( 2 ) KUMARI Chhoti is daughter of Majeed resident of Rampur Khatra Police Station Safdarganj district Barabanki. She was, according to the prosecution case, about 10 years old at the time of the incident. Her mother died a few years before the incident and her father was a patient of paralysis. She was, therefore, living with her brother-in-law (Bahnoi ). She left the place of her brother-in-law a few days before the occurrence and came to Charbagh Railway Station Lucknow and there she was living on alms whatever she used to get by begging. Zahoor Ali appellant is a rickshaw puller. The case of the prosecution is that Zahoor Ali appellant met Kumari Chhoti at Charbagh Railway Station Lucknow a few days before 29-10-1984 and brought her to his house in Mohalla Mati Khan Sarai Thakurganj Lucknow. There he committed rape on her. Since Kumari Chhoti was suffering from liver ailment, he got her admitted in State Takmiui Tib Hospital Lucknow on 29-10-1984. Zahoor Ali d