IRSHAD HUSSAIN, J.

( 1 ) THE above named appellant was charged and convicted under Section 376 of the Indian Penal Code for committing rape on Km. Vineeta Burphal aged about 9 years at about 3. 00 p. m. on 7-8-2000 in the vicinity of village Tuldukri of p. S. Kotwali, Pithoragarh. He was sentenced to undergo R. 1. for 7 (seven) years together with fine of Rs. 2000/- per judgment dated 18-2-2002 passed by the then Sessions judge, Pithoragarh in sessions trial No. 38 of 2000.

( 2 ) THE case of the prosecution is that the victim Km. Vineeta Burphal was a student of class IV of Primary School, Tildukri. On 7-8-2000 at about 3. 00 p. m. she went to ease herself in the vacant land near the school building. The victim was over-powered by a miscreant and was forcibly raped. She sustained injury in her private part and started bleeding. She came back to her class with difficulty and was writhing in pain. On being told about the incident the head mistress and other school teachers went to the site of the incident but the rapist had by then run away from there. The high rise grass at the site of the incident was found crushed and blood stained. The maternal aunt (Mausi) Devki Devi was summone

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