Vishnu Chandra Gupta,J.

This criminal appeal under Section 374(2) Cr.P.C. is directed against the judgement and order dated 25.5.2006 passed by the Additional District Judge, FTC -VIII, Lucknow in Sessions Trial No. 371 of 1995 relating to case crime no. 167 of 1990 under Section 376 IPC P.S. Itaunja, District Lucknow, whereby sole appellant Roop Kishore was convicted and sentenced under section 376 IPC with rigorous imprisonment of seven years and fine of Rs. 5000/-, in default of payment of fine he was further directed to undergo additional imprisonment of one year.

2. It is peculiar case of its own where no First Information Report (For short ''FIR') regarding commission of offence has been lodged and case has been registered on the basis of statement of Km. Saroj recorded in connection with suspected murder of Ram Chandra, who was her father. Km. Saroj was a suspected accused in murder of her own father.

3. Brief facts for deciding this criminal appeal are that Ram Chandra, the father of prosecutrix Km. Saroj was admitted in Balrampur Hospital, Lucknow on 17.5.1990 as a case of suspected poisoning where he died. After his death, the hospital authority i.e. Dr. O.P. Srivast