JUDGMENT :

Re: Criminal Appeal

1. No one is present on behalf of the appellant even in the revised call of additional cause list.

2. On perusal of the order sheet, almost on all occasions appeal is listed for admission and since 2013 itself either illness slip is sent or no one is present for the appellant. Accordingly, as observed in the order dated 9.5.2022, we proceed to consider the appeal on merits with the assistance of learned AGA.

3. Present Criminal Appeal under Section 372 Cr.P.C. has been filed against the judgment and order dated 11.9.2013 passed by the Additional District and Sessions Judge, Court No. 3, District Pilibhit in Sessions Trial No. 492 of 2013 (State vs. Mukesh Singh), arising out of Case Crime No. 201 of 2012, under Sections 376/511, 506 IPC, PS Sehra Mau, North District Pilibhit.

4. Prosecution story, in brief, on 20.6.2012 minor daughter Sandhya Devi aged about 11 years of the informant Anand Pal Singh was taken away by Seema (wife of the accused Mukesh) at her residence and thereafter she went to answers nature's call. In between accused Mukesh had taken her under the chappar (shed) by threatening her to kill her and raped her. Thereafter, the victim told he