EEDA KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) By way of this appeal, the appellant- Eeda Khan has challenged the Judgment and order 16/11/2007 passed by Special Judge (SC/ST Act), Etah in Session Trial No.406 of 2004 (State v. Eeda Khan) arising out of Case Crime No.116 of 2004 under Ss. 452, 376, 506 Indian Penal Code (hereinafter referred to as, 'IPC') and under Sec. 3(1)(xii) of SC/SCT Act, Police Station-Aliganj, District-Etah whereby the accused-appellant was convicted and sentenced to undergo rigorous imprisonment for a period of four years under Ss. 452, 506 IPC and 3(1)(xii) SC/ST Act and life imprisonment under Sec. 376 IPC. All the sentences were directed to run concurently.

(2.) The brief facts as per written report dtd. 17/4/2004, submitted by complainant, father of the prosecutrix at Police Station Alignaj, District Etah are that today on 17/4/2004 at about 7.30 p.m. his daughter (prosecutrix) aged about two and half years was lying in the courtyard of his house and wife of his elder brother Anjali was cooking the food. His wife Reena had gone to the shop nearby his house. By that time accused Eeda Khan of his village entered his house and raped his daughter (prosecutrix). On listening to her cry, Anjali came out and saw that accused was raping his daughter. On her hue and cry, his wife Reena and elder brother Mahaveer came there and then accused ran away from the house. When they tried to catch him, he showed countrymade pistol and fled away by giving life threat to them. On the basis of aforesaid written report, a first information report was lodged at Police Station Aliganj, District Etah as Case Crime No.116 of 2004.

(3.) Investigation was taken up by C.O., Aliganj. Investigating Officer visited the spot, prepared site plan and he recorded the statements of witnesses under Sec. 161 of Cr.P.C. Medical examination of prosecutrix was conducted and medical as well as supplementary report was prepared. Pathologist's reports were also made part of the case diary. After completing the investigation, charge sheet was submitted by Invesigating Officer agianst the accused-appellant. The case being exclucively triable by court of sessions was committed to Sessions Court by competent Magistrate for trial.