1. The appellant Daya Shankar Giri has preferred this appeal against the judgment passed by Additional Sessions Judge, Court No. 3, Ballia on 20.12.2012 in S.T. No. 3A of 2009 (State vs. Daya Shankar and others), registered as Case Crime No. 28 of 2008, under Sections 376, 313, 506 I.P.C., Police Station Phephana, District Ballia, whereby the accused appellant was convicted for 10 years R.I. and Rs. 5000/- as fine under Section 376 I.P.C., for 10 years R.I. and Rs. 5000/- as fine under Section 313 I.P.C. and for 2 years R.I. and a fine of Rs. 1000/- under Section 506 Sub Clause (2) I.P.C. with default stipulation. All the sentences were to run concurrently.

2. The prosecution case as unfolded is that, a written report was lodged by Nirmala Devi written by Shamsher Giri stating that she is resident of Police Station Phephana, District Ballia. Her daughter Ranjana Giri aged about 17 years was taken away by the accused, 3 to 4 months prior to 28.02.2008 and committed rape on her. When the victim came back to her house and narrated the whole story, the complainant went to the house of the accused to rebuke him but Daya Shankar Giri, Kamal Giri and Kripa Shankar Giri threatened to murder the complainant and said that her husband was a lunatic and she should stay away. They further said that they had nobody to take care of them and they were beggars, if they tried to lodge the case, they would be murdered. The complainant kept quiet since she was helpless. Her daughter got pregnant due to rape committed by Daya Shankar Giri. When the complainant revealed this fact to her neighbours, they asked Daya Shankar Giri about the matter. At this Daya Shankar Giri threatened to kill them too. On 23.02.2008, Daya Shankar Giri carried away Ranjana Giri at 07:00 P.M. to some unknown place at Ballia and got her fetus aborted. The complainant kept tracing her daughter, and on 24.02.2008, the accused Daya Shankar left the victim at the door of the house of the complainant and said that he had got the child aborted. The victim was having health problem due to abortion who was on the verge of death. She was admitted in the Government Hospital and the report was lodged.

3. On the basis of this report, the case was registered as Case Crime No. 28 of 2008, under Sections 376, 313, 504 and 506 I.P.C. in the presence of S.I. Dilawar Hussain PW-6 to whom investigation was entrusted. This witness commenced the investigation, prepared the site plan, recorded the statements of witnesses and proved the site plan as Exhibit Ka-4. He recorded the statement of the victim and Dr. S.P. Rai on 29.02.2008. On 06.03.2008, vegorous search was made for the accused. On 07.05.2008, the statement of the victim was got recorded before the Magistrate under Section 164 Cr.P.C. Some witnesses had filed the affidavits which were copied in the case diary. On 16.05.2008, charge sheet was submitted against the accused which was proved as Exhibit Ka-5. This witness proved the chick report and copy of G.D. as Exhibit Ka-6 and Exbibit Ka-7 respectively.

4. The prosecution examined seven witnesses. PW-1 is Nirmala Devi, the complainant who proved the chick report as Exhibit Ka-1. PW-2 is victim Ranjana Giri. PW-3 is Rama Devi who is said to be an eye witness regarding certain matters. PW-4 is Dr. S.P. Rai who examined the victim and proved the discharge slip as Exhibit Ka-3. PW-5 is Dr. R.N. Upadhyay under whose treatment also the victim was kept. PW-6 is I.O., S.I. Dilawar Hussain and PW-7 is Dr. Prabha Shankar Walia who examined the victim and proved the ultrasound report as Exhibit Ka-8. The bed head ticket relating to the victim is Exhibit Ka-2.

5. After examining seven witnesses, the prosecution closed its evidence.

6. The statement of Daya Shankar was recorded under Section 313 Cr.P.C. in which while denying the allegations, he has stated that Babban Giri has got the case falsely registered against him and he is getting the case prosecuted by giving money to the prosec