SURJEET Vs. STATE OF U.P.

JUDGEMENT

(1.) This jail appeal has emanated from the judgment and order dated 11.11.2008 passed by the Additional Sessions Judge, Court No. 5, Aligarh in Sessions Trial No. 430 of 2007-State Vs. Surjeet, relating to Crime No.89 of 2006, under Section 376 I.P.C., Police Station Pali Mukeempur, District Aligarh, whereby the accused appellant Surjeet was convicted under section 376 I.P.C. and sentenced to ten years Rigorous Imprisonment with fine of Rs.10,000/- and in default of payment of fine, he was further directed to undergo three months imprisonment. The accused appellant Surjeet as under trial prisoner remained in jail during trial and continues to be in jail even after his conviction by the impugned judgment.

(2.) The prosecution case as disclosed from the written report (Ext. Ka-1) of the first informant Raj Mohammad PW-1 and from the evidences of Raj Mohammad PW-1, his son Idrees PW-2 and minor victim girl Km. Afsana PW-3, is that on 6.8.2006 around 11.00 A.M., Unis and Idrees sons of the first informant and Km. Afsana, daughter of the first informant, had gone to the field of Fauran Singh for weeding out the weeds growing in the millet crop. The accused appellant Surjeet, son of Ratan Singh, resident of village Nagla Bijauli, Police Station Pali Mukeempur, District Aligarh was already present at the field. The accused appellant Surjeet had sent her brother Idrees PW-2 to call Kripal Singh, real uncle/chacha of the accused appellant Surjeet from his well. The accused appellant Surjeet also sent Unis, elder brother of the victim girl, from the field to his village for bringing his friend Nanak. Thus, the accused appellant Surjeet first of all managed to send both the brothers of the victim girl from the field of millet and taking advantage of her being alone there, caught hold of the victim girl and had sexual intercourse with her against her will. On the cries of the victim girl, her brother Idrees and two others immediately reached on the spot when the accused appellant scampered. Idrees brought his sister victim girl in an unconscious state to his house and narrated the whole incident to his father Raj Mohammad PW-1. Raj Mohammad PW-1 got the written report of the incident scribed from Ganga Sahai and handed it over, next day on 7.8.2006 at 6.40 A.M. nominating Surjeet as accused, at the police Station Pali Mukeempur.

(3.) On the basis of the written report (Ext. Ka-1), the F.I.R. of the incident was lodged and chik F.I.R. (Ext. Ka-5) was prepared by constable clerk Ram Gopal Singh PW-5, who proved the chik F.I.R. (Ext. Ka-5) and G.D. entry (Ext. Ka-6) in his evidence at the trial. PW-5 deposed that Raj Mohammad came to the police station with his daughter victim girl and son Idrees and others at the police station for lodging the F.I.R. and the same was given to him.