Hon’ble Virendra Kumar-II, J.—Heard Sri Brij Nandan Yadav and Sri Om Prakash Yadav, Advocates for the appellant and learned A.G.A. for the State.

2. This appeal has been preferred assailing the impugned order and judgment dated 16.9.1999 passed by Additional Sessions/Special judge, Hardoi in Sessions Trial No. 216 of 1995 under Section 376 I.P.C., Police Station Atrauli, District Hardoi.

3. The appellant has been convicted and sentenced to undergo rigorous imprisonment of seven years for the offence punishable under Section 376 I.P.C.

4. In the grounds of appeal, it is pleaded that during the course of investigation statement of victim was not recorded under Section 164 Cr.P.C. The Investigating Officer procured medical examination of the victim twice. First medical examination report did not show any sign of rape committed upon the prosecutrix. She was further examined by the concerned doctor and injuries on her body was manipulated. It is also pleaded that Investigating Officer has not sent clothes worn by the victim as these clothes were allegedly blood stained, for chemical analysis during the course of investigation.

5. It is also pleaded that F.I.R. of this case was l