MAHESH RATHAUR Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal has been preferred by appellant, Mahesh Rathaur against the judgment and order dtd. 30/5/2013 passed by the Special Judge/Additional Sessions Judge, Etawah in Sessions Trial No. 167 of 2012 (State Vs. Mahesh Rathaur), arising out of Crime No. 234 of 2012, under Ss. 323,376 and 506 I.P.C., Police Station-Bakevar, District-Etawah, whereby the accused-appellant has been convicted and sentenced to undergo imprisonment for life for the offence punishable under Sec. 376 I.P.C. with a fine of Rs.10,000.00 and in default thereof, to further undergo six months simple imprisonment.

(2.) We have heard Mr. Shiva Nand Mishra, learned counsel appearing for the accused-appellant and Mr. Arunendra Singh, learned A.G.A. for the State as also perused the entire materials available on record.

(3.) The prosecution story, as reflected from the records, is as follows: On the basis of oral report made by the informant/P.W.-4, namely, Mr. Yasin Ali, a case being Crime No. 234 of 2012 under Ss. 323,376/511 and 506 I.P.C. was registered on 5/4/2012 at 03:20 p.m. at Police Station-Bakevar, District Etawah alleging therein that on 3/4/2012 at about 03:00 p.m., the daughter of the informant (hereinafter referred to as the "victim"), aged about 11 years, who was studying in Class-V), along with her younger brother, namely, Ansar aged about 7 years, went to jungle/ravine situated outside the village for collecting woods, where the accused-appellant, who was already present there, with an evil intention, grabbed the victim and dragged her inside the jungle/ravine and he attempted to rape her. It is also alleged that when the victim protested, she was assaulted and threatened not to disclose about the incident to her parents. After coming to her house, the victim informed her mother about the said incident. It is further alleged that since the first informant-P.W.4 had gone to his relative's place and returned only on 5/4/2012, therefore, as soon as he came to know about the incident, he has come to the Police Station for lodging his report. On the basis of the aforesaid report, the victim was taken to the hospital by Women Constables, namely, Sunita Devi and Pinki Devi for her medical examination, where Dr. Jyotsana Bhatia (P.W.-1) examined the victim internally and for external injuries, she was referred to Emergency Medical Officer. Dr. Jai Prakash Chaudhari (P.W.-3) examined the external injuries of the victim. For knowing the correct age of the victim, she was referred to the District Hospital, Etawah for X-ray, where Dr. Dinesh Singh conducted the same.