JITENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) The present Criminal Appeal has been preferred against the judgment and order dated 08.03.2013 passed by Additional Session Judge, Court No.6, Etawah in ST. No.55 of 2010 convicting and sentencing the appellant to undergo for life imprisonment under Section 376(1) IPC and to pay a fine of Rs.20,000/- in default of payment of fine, further imprisonment for one year additional rigorous imprisonment.

(2.) The brief facts of the case are that the informant Indrapal Singh Katheriya submitted a written report at Police Station Chaubiya, district Etawah on 23.12.2009 stating that his daughter who was aged about 10 years and studying in class IVth had gone to the gram field of Birendra Singh Jatav, resident of Simariya who was known to him for taking gram greens (Chane Ka Saag) and while she was taking the gram greens, the nephew of Birendra Singh namely Jitendra @ Gabbar S/o Rajendra Jatav committed rape on her. His daughter came to her house crying and informed about the entire incident to her mother who in turn informed the informant then the informant inquired from his daughter who told him that Jitendra had dragged her from gram field to mustered field where he committed rape on her. The incident has taken at 1 p.m. in the afternoon. On the basis of written report submitted at police station Chaubiya Case Crime No.231 of 2009 under Section 376 IPC was registered on 23.12.2009 at 17.45 hours against the appellant Jitendra @ Gabbar Jatav which was also endorsed in the G.D. No. 19 time 17.45 hours on 23.12.2009 at the said police station.

(3.) 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.