JUDGMENT :

1. Feeling aggrieved and unsatisfied with the impugned judgement and order dated 24.6.2019 passed by Additional Session Judge Court No. 4, Aligarh in Sessions Trial No. 804 of 2014 (State Vs. Pratap) under Sections 323, 376 IPC, P.S. Atrauli, District Aligarh, this criminal appeal has been preferred by the appellant-Pratap, whereby the learned court below convicted and sentenced the appellant under Section 376 IPC for 10 years rigorous imprisonment and to pay the fine of Rs.15,000/-and under Section 323 IPC for six months simple imprisonment is awarded.

2. Brief facts of the case are that a first information report was lodged by one Sri Surendra Singh son of Lal Singh, resident of village Usmanpur, P.S. Atrauli, District Aligarh regarding the incident dated 25.6.2014 at 12:00 pm on 26.6.2014 at 9:15 am against the appellant, which was initially registered as case crime No. 333 of 2014 under Section 376 IPC, P.S.. Atrauli, district Aligarh, later on section 323 IPC was added.

3. PW1 father of Surendra Singh lodged FIR by means of this written complaint before Inspector in charge of P.S. Atrauli on 26.6.2014 against accused appellant with the allegation that on the intervening night of 25.6.2014 at 12:00 pm his daughter in law was sleeping in courtyard of the house then appellant accused-Pratap entered his house and dragged his daughter in law inside the room and forcefully raped her. At that time of incident, she was alone at the home with her one year old daughter. On hearing noise of the daughter in law, he, his son Pramod who was sleeping on the roof of the house and neighbours came on spot. They saw accused-Pratap running away from spot. Then, daughter in law told about the incident that happened against her. He brought the daughter in law alongwith his son to the police station and lodged the FIR by way of written complaint against the appellant registered as case crime No. 333 of 2014 under Section 376 IPC, P.S. Atrauli, District Aligarh.

4. After lodging the FIR under Section 376, 506 IPC investigation of this case was handed over to the Investigating Officer PW-3 SHO Suresh Itoriya. During investigation, firstly Investigating Officer recorded the statement of victim and her husband who was present on the spot and later on, reached at the place of occurrence and on the pointing out of the first informant sketch map of occurrence was prepared and on 26.6.2014, he obtained the medical examination report and medical report as well as supplementary medico legal report of the victim. Then she also observed the statement of the victim recorded under Section 164 Cr.P.C. and after recording the statement of all the witnesses, Investigating Officer completed the formality of the investigation and filed the charge sheet No. 188 of 2014 dated 14.6.2014 against the appellant under Sections 376, 323 IPC before ACJM-IIIrd, Aligarh.

5. After submitting the charge sheet, before the ACJM court. ACJM court taken cognizance in this matter and committed the case for trial before sessions court wherein it is registered as sessions trial No. 804 of 2014. Sessions Judge transfer this case to Additional Sessions Judge/Fast Track Court, Aligarh for trial where learned trial court framed the charges against the appellant on 2.2.2015, under Sections 376, 323 IPC. The charge was read with to the accused appellant and the appellant denied the charges levelled against him and claimed to be trial.

6. In support of the prosecution case, prosecution has examined six witnesses. PW 1 (Surendra Singh) who is the father in law of the victim and complainant of the present case, has supported the written report as Exhibit Ka 1; PW 2 (Head Constable, Tajua Khan) who proved the Chik Report No. 262 of 2014, crime No. 333 of 2014 as exhibit Ka 2 and GD Entry No. 15, 9:15 hours dated 26.6.2014 as Exhibit Ka 3; PW 3,Investigation Officer SHO Suresh Itoriya who proved the site plan as Exhibit Ka 4 and charge sheet was Exhibit Ka 5; PW 4 Dr. Vanya Mishra who pre