BABLU Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an appeal preferred by accused-appellant Bablu son of Harish Chandra, under Section 376(1) read-with Section 389 Cr.P.C. against the judgment and order dated 08.01.2010 passed by Fast Track Court No. 1, Unnao convicting the appellant under Section 376 I.P.C. and sentencing him for ten years rigorous imprisonment and fine of Rs.5000/- and in default of payment of fine further undergo rigorous imprisonment of five months.

(2.) Prosecution case in brief is that Pancham father of the victim lodged a written complaint on 7.11.2008 at Police Station Ajgain, District Unnao with the allegation that on 6.11.2008 when he was inside his house his daughter victim aged about 9 years was playing outside the house, accused-appellant came there and by enticement carried her to a dilapidated house and forcefully committed sexual intercourse with her. On her alarm he and his brother Shiv Kumar reached on the spot, seeing them accused-appellant Bablu ran away from the spot. The cloths of informant's daughter were found bloodstained. The victim told that accused-appellant on the allurement of giving sweet to her carried her to a dilapidated house and committed rape with her. On this written information F.I.R. under Section 376 I.P.C. at crime no. 1864 of 2008 was registered at Police Station Ajgain, District Unnao against accused-appellant Bablu. Investigating Officer immediately started investigation and taken the bloodstain cloth of the victim in his possession and recovery memo was prepared and send victim to hospital for her medical examination. The cloths were sent to Forensic Science Laboratory for chemical analysis. After conclusion of investigation charge-sheet under Section 376 I.P.C. was submitted against the accused-appellant Bablu. The case was committed to the court of Sessions by the learned Magistrate.

(3.) Learned trial judge framed the charges against the accused-appellant under Section 376 I.P.C. to which he denied and claimed to be tried. The prosecution in support of his case examined P.W. 1-informant, who proved written information Ext.Ka-1, recovery memo of bloodstain cloths Ext.Ka-2 and memo of returning back custody of victim to her father Ext.Ka-3, victim daughter of informant-Pancham as P.W.2, Dr. B.K. Verma PW.3, who proved x-ray report Ext.Ka-4, P.W.4 ASI Arun Kumar Singh (G.D. and F.I.R. writer), who proved F.I.R. Ext.Ka-5 and G.D. Ext. Ka-6, P.W. 5 S.I. Asha Ram Yadav, who proved site plan Ext. Ka-7 and memo of arrest of the accused-appellant Ext.Ka-8 and memo of taking possession of accused-appellant's underwear Ext.Ka-9, letter to Forensic Science Laboratory for examination Ext.Ka-10 and Charge-sheet Ext.Ka-11 and report of Forensic Science Laboratory Ext. Ka-12 and P.W.6 Dr. P. Niranjan, who examined the victim. Medical legal report of victim Ext.Ka-13 and Supplementary report of victim Ext.Ka-14 and Pathology report Ext.Ka-15 and P.W.7 Dr. Rajesh Kumar, who examined the accused-appellant and the examination report of accused-appellant Ext. Ka-16.