JUDGMENT :

Shiv Shanker Prasad, J.

1. This criminal appeal is directed against the judgment and order dated 12.11.2018, passed by the Additional Sessions Judge-VIII, Fatehpur in Special Trial No. 110 of 2015 (State vs. Ajeet Singh Constable); whereby the accused-appellant has been convicted under sections 376 IPC read with Section 3 (ii) (v)/ 3 (i) (xii) SC/ST Act and Section 5/6 POCSO Act and consequently sentenced to rigorous life imprisonment along with fine of Rs.20,000/- for the offence under Section 6 of POCSO Act and in default thereof, he has to further undergo 6 months additional simple imprisonment; rigorous life imprisonment along with fine of Rs.20,000/- for the offence under Section 3 (ii) (v) SC/ST Act and in default thereof he has to further undergo 6 months additional simple imprisonment; and 5 years rigorous imprisonment along with fine of Rs.5000/- for the offence under Section 3 (i) (xii) SC/ST Act and in default thereof, he has to further undergo two months additional simple imprisonment with an observation that all the sentences are to run concurrently.

2. As per the prosecution case, on 9th September, 2015 a written report (Ext. Ka-8) was given to the Police Station Malva, District Fatehpur by the first informant, namely, Kallu Kori (PW-2) stating that on 9th September, 2015, at about 4:30 a.m. in the morning, the informant's daughter aged about 16 years had gone behind the house to ease herself then accused Ajit Singh, Constable posted in Police Station-Kalyanpur, who was sitting in an ambush, dragged his daughter to the field by gagging her mouth and raped her. When the gagging eased, the victim raised an alarm. After hearing her shrieks, informant's wife rushed to the spot and the accused-appellant ran away to the G.T. Road through the paddy field. At the same time, the first informant/complainant/P.W.-2 was also easing himself on the side of the road in front of Malva Police Station and when he asked the accused, he started running and the first informant/complainant/P.W.-2 chased him. The accused-appellant was not able to run as his feet were covered with mud and the first informant held the neck of the accused-appellant at Itraura Mod, G.T. Road. The accused-appellant however escaped from the grip of the first informant/complainant by sliding off his T-shirt and vest.

3. On the basis of the aforesaid written report a first information report (Ex.Ka.9) was lodged on 9th September, 2015 at 08.15 a.m., which was registered as Case Crime No. 0235 of 2015, under Section 376 IPC, Section 3 (ii) (v)/ 3 (i) (xii) of SC/ST Act and Section 3/4 POCSO Act. The chik first information report has been prepared by Constable-828 Satya Prakash Mishra (P.W.-8). After registration of the aforesaid first information the Investigating Officer i.e. Bandana Singh, Deputy Superintendent of Police (P.W.-10) has recorded the statements of first informant (P.W.-2), and his wife under Section 161 Cr.P.C. and on the disclosure of the victim, he has also prepared the site plan. Thereafter P.W.-10 has taken possession of T-shirt, black lower pant, black Sameej and white underwear, which were worn by the victim. Thereafter P.W.-10 has sent the victim to the Women District Hospital for her medical examination along with Constable Vandana Dwivedi (P.W.-3).

4. Dr. Rani Bala Sharma (P.W.-4) examined the victim and performed the medical examination on 09.09.15. P.W.-4 has opined that after external and internal examination of the victim, she found no injury on the body of the victim. Hymen was found to be intact and that according to her, no opinion related to sexual assault could be given. To ascertain the correct age of the victim, she was sent to radiologist Dr. Manu Gopal (P.W.-5) who opined the victim to be of age 16-18 years. On the constitution of Medical Board, the victim was sent to Dr. Rekha Rani (P.W.-7) for re-examination on 23.09.15, where she found no internal and external injury on the body of the victim. P.W.-7 did not found