AKHILESH RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is by the accused appellant challenging the judgment and order of conviction and sentence, dtd. 15/3/2019, passed by the I Additional Session Judge, Ballia in Session Trial No. 30 of 2015 (State of U.P. vs. Akhilesh Ram) arising out of Case Crime No.347 of 2015 Police Station Sukhpura, District Ballia, whereby the accused appellant has been convicted and sentenced to life imprisonment under Sec. 376 IPC read with Sec. 3 and 4 of the Protection of Children from Sexual Offences Act with fine of Rs.10,000.00 and in default of fine he is to undergo six months imprisonment and has also been convicted and sentenced to one year simple imprisonment under Sec. 506 IPC with fine of Rs.1,000.00 and in default of fine he is to further undergo one month imprisonment. All the sentences are to run concurrently.

(2.) Record reveals that a First Information Report came to be lodged on 7/7/2015 as Case Crime No.347 of 2015 under Ss. 376, 506 IPC and 3/4 of the Protection of Children from Sexual Offences Act, Police Station Sukhpura, District Ballia by the first informant Prabhunath Paswan, who happens to be the brother of the victim, with the allegation that he is a resident of village Dhanidhara, Police Station Sukhpura, District Ballia and is a labourer and was out of village for about 6-7 months in connection with work. Alongwith his aged parents his sister (victim) aged 15 years were residing in the village. It is alleged that under well thought out strategy the accused appellant aged 25 years subjected the victim to rape and on account of threats extended to the family members no report was lodged by them. The victim became pregnant and is carrying pregnancy of five months. When the accused appellant was confronted his entire family joined him in threatening the victim and the informant and as no action was being taken by the local police F.I.R. was requested to be lodged for necessary action in the matter.

(3.) Pursuant to the aforesaid FIR lodged the investigation proceeded. The victim was medically examined by the Medical Officer at Ladies Hospital, Ballia. In the medico legal report and supplementary report dtd. 8/7/2015 (Ex.Ka.2 and Ex.Ka.3) no internal injury was found on the victim, although pregnancy of 28 weeks 4 days was noticed in it. In the radiological report age of the victim has been determined as 18 years.