SOHAN PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment and order dated 27.7.2006 passed by Additional District and Sessions Judge, Court No.5, Meerut in S.T. No.175 of 2004 (State Vs. Sohanpal) convicting the appellant under sections 452 IPC and sentencing him to 01 year rigorous imprisonment and a fine of Rs.1000/- and in default of payment of fine to further undergo 01 month rigorous imprisonment, under section 376 IPC imprisonment for life and a fine of Rs.25,000/- and in default of payment of fine to further undergo 01 year rigorous imprisonment, under section 307 IPC imprisonment for life and under section 380 IPC 01 year rigorous imprisonment and fine of Rs.500/- only and in default of payment of fine to further undergo 01 month rigorous imprisonment, respectively and all the sentences were directed to run concurrently.

(2.) In view of the legislative mandate as contained in Section 228-A of the Indian Penal Code and the observation made by the Apex Court in it's catena of judgments, the identity of the prosecutrix/victim is not being disclosed and she is referred to as 'A' hereinafter.

(3.) The prosecution case as set out in the F.I.R. by the informant Kashi Ram, who submitted a written report which was written by Tota Ram on 27.11.2003 addressed to Station House Officer of Police Station Transport Nagar, Meerut stating that the informant Kashi Ram resident of near Hapur Line, Mohalla Chandralok, Police Station Transport Nagar in the morning of 27.11.2003 he went to Rohta Road for selling vegetables on a Cart. His wife Sonwati had gone to purchase vegetables from Mandi. His two younger children had gone to school and his daughter was alone in the house at about 8:30 a.m. Sohan Pal son of Megh Raj resident of Kunwa Wali Gali, Lalapura Nai Basti, Police Station Transport Nagar, Meerut in morning in his absence had come to his house and after bolting the house from inside committed rape with his daughter namely 'A' and in order to kill her, cut her neck. After the incident he was seen coming out of the house by Bhartu Khat Wala and Ram Chandra son of Deewan Chandra, who were resident of Mohalla Chandralok and his daughter 'A' in a pool of blood came out of the house, who was taken to police station by the said two persons and the incident was seen by many other. On receiving the information, the informant reached the police station.