RAMU Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant appeal, under Section 374(2) of Code of Criminal Procedure, 1973 (in short 'Code'), has been preferred by appellant Ramu (in short 'appellant') against the judgment and order dated 28.02.2015, passed by Special Judge, Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act') /Additional Sessions Judge, Court No.9, Barabanki, in Session Trial No.652 of 2013, (State vs. Ramu), arising out of Case Crime No.181 of 2013, Police Station Ramsanehi Ghat, District Barabanki whereby the appellant has been convicted for offence under Section 376 IPC and Section 4 of POCSO Act and has been sentenced for offence under Section 376 IPC for 14 years rigorous imprisonment and fine of Rs.10,000/- with further direction that in default of payment of fine, the appellant has to further undergo one year additional rigorous imprisonment and again has been sentenced for offence under Section 4 of POCSO Act for same sentence i.e. 14 years rigorous imprisonment and fine of Rs.10,000/- with further direction that in default of payment of fine, the appellant has to further undergo one year additional rigorous imprisonment. All the sentences were directed to run concurrently.

(2.) The prosecution case, in brief, is that appellant Ramu and Smt.Janak Dulari (P.W.1), mother of victim (P.W.3) were resident of village Surajpurwa Lalpur, Rajpur, Police Station-Ram Sanehighat, District Barabanki. On 25.07.2013, Smt. Janak Dulari (P.W.1) had gone to pull the paddy seedling (beran) by leaving her daughter (victim), aged about eight years and son Sumit, aged about three years at her house. Meanwhile, at about 9:00 a.m., appellant came at her house, enticed her daughter (victim) by alluring to give her cashew biscuit and took her to his mini rice mill (palesar) where he gave biscuit to her and took her into a room of the said rice mill, laid her on earth, undressed her, inserted his finger into the vagina of victim and also raped her. Thereafter, he threatened her not to tell about the incident to anyone, otherwise he would kill her.

(3.) At noon, when Janak Dulari (P.W.1) came back to her house, she saw the blood stained undergarment (panty) and frock of the victim and when she asked about the incident, the victim (P.W.3) told her the whole story while weeping. Janak Dulari (P.W.1) rushed to the concerned Police Station with victim and lodged a written report (Ex.Ka.1), on the basis whereof Chik F.I.R. (Ex.Ka.5) was prepared and the said information was entered in the General Diary report dated 25.07.2013 at about 09:30 p.m. by lady Constable Sulekha Yadav (P.W.-5). Blood stained undergarment (panty) and frock of the victim were taken into custody and its recovery memo (Ex.Ka.7) was prepared by Const. Sulekha Yadav (P.W.5). Investigation of the case was undertaken by lady police Inspector Bholi Singh Chauhan (P.W.4), who perused the relevant police papers and also perused recovery memo (Ex.Ka.7) of blood stained undergarment (panty) and frock of the victim.