Hon’ble Vivek Kumar Singh, J.—Heard Sri Sarvesh Chandra Mishra, learned Amicus Curiae appearing on behalf of the appellant and Ms. Anjum Haq, Ms. Anita Srivastava, Sri Sagir Ahmad and Sri Gautam Pratap Singh, learned A.G.A. for the State.

2. This appeal is directed against the judgement and order dated 17.12.2009 passed in Sessions Trial No. 627 of 2009 (Case Crime No. 36 of 2009), under Section 376 ( ) I.P.C., Police Station Shikarpur, District Bulandshahar, whereby the accused-appellant has been convicted for life imprisonment with a fine of Rs. 20,000/- out of which half of amount shall be paid to the victim as compensation and in case of default in payment of fine the accused-appellant shall further undergo imprisonment of twenty months.

3. Brief facts of the prosecution case are that on 27.2.2009 in afternoon at around 3 o’clock, Mangal Giri, Baba of temple of village concerned had raped niece of the first informant Mukesh namely Km. Saroj D/o Shankar Lal r/o Jaanipur Kalan, a minor girl, after calling her in a room of the temple while she was playing alone outside the temple. The Baba, thereafter, fled away. When the informant visited his cousin Smt. Rani’s house, he came to know about this occurrence and he further inquired from children and villagers who reported that they had seen the incident. His brother-in-law (father of the victim) had gone to work as labour. He took his niece Saroj-victim smeared in blood to his sister’s house from the temple.

4. On the basis of the written report of the Mukesh F.I.R. of the offence under Section 376 IPC was registered against unknown Baba of the temple situated in village Jaanipur Kalan at the police station Shikarpur, Bulandshahar.

5. Initially, this case was investigated by S.S.I. Sri Arjun Singh, thereafter investigation was handed over to Adil Raseed, S.S.I. Shikarpur. During investigation, the victim smeared in blood was sent to the District Hospital Shikarpur by S.S.I. Arjun Singh. Having taken victim’s blood stained clothes and Baba’s langot into custody, its memo was prepared. Thereafter, the place of occurrence was inspected at the instance of the first informant and site-map was prepared. Thereafter, the investigation was received by S.S.I. Aamil Raseed. During investigation, he recorded the statements of the victim and witnesses, prepared arrest-memo having arrested Baba Mangal Giri and after getting the deposition of the victim before the magistrate and on having sufficient evidence against Baba Mangal Giri, the charge-sheet was submitted to the Court of Judicial Magistrate (herein after referred to as the J.M.) first class on 23.3.09 under Section 376 IPC where cognizance of the crime was taken.

6. The accused Baba Mangal Giri appeared in the Court of learned J.M., First Class, Bulandshahar. The case file of the accused was transferred to the Additional Chief Judicial Magistrate, Court No. -2, Bulandshahar. The accused appeared in the Court of Additional Chief Judicial Magistrate, Court No. -2, Bulandshahar where the case of the accused was committed to the Sessions Court for trial vide order dated 2.7.09 which was registered as 627/2009.

7. In order to prove its case following evidences were produced by the prosecution :

Oral evidence :

1	Victim Km. Saroj	P.W.1
2	Complainant Mukesh	P.W.2
3	Con.-512 Ram Shesh Mishra	P.W.3
4	S.I. Aamil Raseed	P.W.4
5	S.I. Arjun Singh	P.W.5
6	Dr. Abhilasha Gupta	P.W.6
7	Dr. Vaibhav	P.W.7
8	Dr. Madhu Sharma	P.W.8
9	Ravindra Singh	P.W.9
10	Dr. Pritam Singh	P.W.10

Documentary Evidence :

1	Statement of victim under	Ex.Ka-1
	Section 164 Cr.P.C.
2	First Information Report	Ex.Ka-2
3	Chik	Ex.Ka-3
4	Carbon Copy of G.D.	Ex.Ka-4
5	Arrest-memo of the accused	Ex.Ka-5
6	Charge-sheet	Ex.Ka-6
7	Rec