RAMESH Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dtd. 27/2/2013 passed by Additional Sessions Judge, Court No.6, Ramabai Nagar in Session Trial No.477 of 2011 arising out of Case Crime No.155 of 2011, under Ss. 363 and 376 IPC, Police Station- Sikandra, District- Ramabai Nagar, whereby the accused-appellant was convicted under Sec. 363 and 376 IPC and was awarded sentence under Sec. 363 IPC for five years R.I. and fine of Rs.3,000.00, one year R.I. was awarded in case of default of fine and under Sec. 376 IPC life imprisonment was awarded with Rs.45,000.00. Accused was directed to undergo two years R.I. in case of default of fine. It was directed that Rs.40,000.00 shall be paid to the victim as compensation.

(2.) The brief facts of the case are that a written report was submitted at police station- Sikandra, District- Ramabai Nagar by father of the victim stating that in the night of 5/10/2011 his mother Shanti Devi, wife Nisha Devi, Six years old daughter and eight years old son Vishesh had gone to Jawahar Nagar, Sikandra to see Ramleela. At about 1:00 a.m. in the night, his daughter- victim misplaced in the crowd. She was not found anywhere. At about 2:00 a.m. in the night his mother returned to the house and informed him regarding the incident then he also started searching his daughter but no clue was found. Next day in the morning at about 6 a.m., one Manish Kumar informed that his daughter is lying fainted in injured condition near Kali Mathya when he reached the spot, he saw his daughter lying in injured condition and there was injury on her face and blood was found in her private part. In this written report complainant doubted on Istekar @ Rishtedar to be responsible for the crime.

(3.) Investigation was taken up by S.I. Sanjay Shukla who recorded the statements of victim and other witnesses, visited the spot, preapred site-plan. Medical examination of the victim was conducted. After completing the investigation, investigating officer submitted charge sheet against the accused-appellant Ramesh @ Baba. The matter being triable by court of Sessions was committed to the Session court for trial.