JUDGMENT :

SAURABH SHYAM SHAMSHERY, J.

1. This is an appeal under Section 374(2) Criminal Procedure Code (Cr.P.C.) preferred by accused/appellant Imshad, challenging the judgment and order dated 15.4.2009 whereby he stands convicted under Section 376 IPC/Section 3(2)(V) of SC/ST Act and sentenced for life with fine of Rs. 50,000/- and a default sentence of two years in Sessions Trial No. 729/2005, by Additional District and Sessions Judge/Special Judge/SC/ST Act, Fast Track Court No. 4, Aligarh, Uttar Pradesh.

2. PROSECUTION CASE:

(i) First informant, Shiv Dhara (PW-2), mother of victim lodged a written report (Ex.Ka-1) at Police Station Saasni Gate, Aligarh on 17.1.2005 at about 9:40 AM against an unknown under Section 376 IPC, that she was a resident of Mohalla Sarai Rajaram, P.S. Saasni Gate, Aligarh. On 16.1.2005 (a day before), about 4 PM while her daughter (victim), aged about 9 years was playing in the mohalla, an unknown person allured her to first floor of a vacant and dilapidated house of one Karmesh Chand Maheshwari at Pathak Street of Mohalla Jayganj and committed rape. Victim told her about the mishap in the night of 16.1.2005.

(ii) Accordingly, an FIR (Ex.Ka-2) was lodged