JAMUNA PRASAD SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) THE instant appeal has been preferred before this Court on behalf of Appellant Jamuna against the judgment and order dated 10.8.2000 passed by District & Sessions Judge Jaunpur in S.T. No. 273 of 1999 whereby the Appellant has been convicted and sentenced for life imprisonment and fine to the tune of Rs. 5000/ - in default, the Appellant has to further undergo one year's imprisonment. Out of Rs. 5,000/ - rupees 3000/ -was directed to be paid to the victim for the loss and injury caused to the victim.

(2.) PRIOR to analysing the genesis of this case following the decision passed by the Hon'ble Apex Court in the case of Premiya @ Prem Prakash v. State of Rajasthan, LXIII 2008 ACC 94 S.C. this Court does not propose to evince the name of the victim . The Apex Court has observed as follows:

(3.) IN a nut shell the facts of the present case is that the prosecutrix who was a minor girl aged about 7 years had fallen victim to the lust of Appellant. The prosecution case as unfolded in the first information report lodged by Ishwar Dayal the father of the victim was that on 4.6.99 at about 1.30 p.m. minor daughter of the complainant had gone to the pumping set of Bechu Sharma to bathe . The accused Appellant Jamuna Prasad who was the adopted son of Bechu Sharma was present there . The Appellant allured the victim and the victim was taken inside the room where the pumping set machine was installed . The Appellant undressed the victim and committed sexual intercourse with her. The victim was threatened and intimated that in case she would disclose anything ,she would be done to death . On disclosure of the incident by the victim, the victim was taken to the police station by Ishwar Dayal,the father of the victim on 9.6.99 at 2.15 p.m. and the father of the victim lodged the first information report which was registered as Case Crime No. 76 of 1999 under Section 376/506 IPC Police Station Barasathi District Jaunpur which is marked as Ex. Ka.2 . The police came into action and started investigation on the same day and the victim was taken to Women's Hospital Jaunpur where she was medically examined by the Medical Officer at 4.30 p.m. The following incriminating signs were found during medical examination.