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 lodged with delay, whereas police station was situated at short distance. The trial Court has not considered the principle of criminal jurisprudence and erred in appreciating the oral testimony of witnesses. It has not considered and appreciated the defence version of the appellant. Although material contradictions appeared in the statements of eye-witnesses and the victim, even then their testimony was not disbelieved. Appellant was enlarged on bail during the course of trial and he had never misused the same. The impugned order and judgment is bad in eye of law. On the basis of these grounds, it is prayed that impugned judgment be set aside.

6. I have perused the record of Sessions Trial No. 216 of 1995: State v. Ram Singh under Section 376 I.P.C. As per prosecution version, the complainant PW-1 lodged written report (Ex. Ka-1) at Police Station Atrauli, District Hardoi on 16.12.1993 at 16.30 hours. Check F.I.R. (Ex. Ka-6) was registered at the Police Station and G.D. of registration of crime (Ex. Ka-7) was prepared.

7. The complainant has narrated in written report (Ex. Ka-1) that his daughter aged about 15 years went on 15.12.1993 at 04.30 p.m. to attend natural call in the agricultural field of Bhagwan Deen. The appellant-Ram Singh caught hold her and threw her on the ground. He had tied her hand and legs and committed rape with her. He also gave bite on her body. Mark of bite and bleeding were there on the body of victim, her clothes were soaked with the blood. Victim raised alarm then the complainant and witness Kanhaiya Lal reached at the place of occurrence. They un-tied her hands and legs and complainant brought her at house. It is mentioned in the written report that due to fear of the accused he could not lodged F.I.R. on the date of occurrence. On the next day i.e. 16.12.1993 he went at the Police Station and submitted this written report.

8. The victim was medically examined by the Gynecologist PW-4 Dr. Shobha Puri and Medical Examination Report (Ex. Ka-2) was prepared by her. On the basis of reference letter (Ex. Ka-9) sent by Police Station Atrauli, she was again medically examined on 22.12.1993 by the Medical Officer of Primary Health Centre, Bharawan, District Hardoi. On the basis of reference (Ex. Ka-5) sent by Police Station Atrauli, PW-4 prepared supplementary report (Ex. Ka-3). PW-5 Doctor Ramesh Chandra Agarwal, Radiologist carried out under his supervision X-ray of elbow, knee and wrist of the victim on 21.12.1993. X-ray report (Ex. Ka-4) and X-ray plate (material Ex. Ka-1) were prepared by him.

9. During course of investigation, the Investigating Officer prepared Site Plan (Ex. Ka-10) and prepared Recovery Memo (Ex. Ka-8) of blood stained petticoat of the victim worn at the time of incident. He recorded statements of witnesses