ASLAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dtd. 26/10/2017 passed by the learned Additional Sessions Judge/ Fast Track Court No. 1, Rampur in Sessions Trial No. 533 of 2014 arising out of Case Crime No. 187-C of 2014, under sec. 452, 366, 376-D, 314 IPC, police station Patwai, district Rampur whereby the accused-appellant no. 1 Aslam had been convicted and sentenced to three years rigorous imprisonment and a fine of Rs.2000.00 under sec. 452 IPC, five years rigorous imprisonment and a fine of Rs.5000.00 under sec. 366 IPC, ten years rigorous imprisonment and a fine of Rs.5000.00 under sec. 313 IPC and seven years rigorous imprisonment and a fine of Rs.5000.00 under sec. 376 IPC with default stipulation. The accused-appellant No. 2 Rafiq had been convicted and sentenced to three years rigorous imprisonment and a fine of Rs.2000.00 under sec. 452 IPC, five years rigorous imprisonment and a fine of Rs.5000.00 under sec. 366 IPC, ten years rigorous imprisonment and a fine of Rs.5000.00 under sec. 313 IPC with default stipulation. It was also directed that out of the fine amount so deposited by the accused-appellants, half of the amount shall be given to the victim after due verification. All the sentences were directed to be run concurrently.

(2.) Facts of the prosecution case are that the victim, Ms. ''X', moved an application under sec. 156(3) Cr.P.C. before the court concerned mentioning therein that earlier on 9/4/2014 Aslam, her neighbour along with Hanif and Kalua enticed her and took her away. Regarding this incident, victim's mother lodged a case Crime No. 120 of 2014, under Sec. 363, 366 IPC. The accused Aslam made physical relationship with the victim on the pretext of getting married to her. Thereafter, the victim became pregnant for three months. The accused Aslam after pressurizing the victim and her mother got the victim's statement recorded under sec. 164 Cr.P.C. in his favour. On 5/6/2014, accused Rafiq, who is the brother-in-law of Aslam came to the house of the victim and asked her to accompany him to Milak Tiraha on the pretext that her marriage would be solemnized with Aslam at Milak. Believing this information, she accompanied Rafiq. On their way, Aslam also joined them and both of them took the victim instead to a private hospital and got her pregnancy terminated. Under the influence of the injection, pregnancy of the victim was aborted. Thereafter, both of the accused dropped the victim at her house. When the mother of the victim returned home, the victim narrated the incident to her. Her mother made a complaint to victim as to why the pregnancy of her daughter was terminated by him and that she would lodge a report against him to the police. On this, Aslam and Rafiq assured her that Aslam would marry the victim. On the night of 12/6/2014 at around 10.00 p.m., Aslam and Rafiq jumped the wall and came inside the house of the victim and abducted her showing ''Tamancha'. Both of them committed her rape. On raising an alarm, witnesses Islam, Ramzani, and other persons came there and witnessed the incident. The victim on same night went to the police station to lodge the first information report, but it was not registered, nor she was medically examined. Thereafter, she moved an application to S.P. Rampur on 13/6/2014, but no action was taken in the matter. Thereafter an application was moved under sec. 156(3)Cr.P.C.before the Court. On the basis of the orders of the Court passed on the aforesaid application, the first information report as Case Crime No. 187-C of 2014, under Sec. 452, 366, 376-D and 314 IPC was registered. The investigation was set to motion and the investigation was entrusted to Sub Inspector B.S. Bakshish.

(3.) The Investigating Officer after completing the preliminary formalities recorded the evidence of the witnesses and the statement of the victim was recorded under sec. 161 Cr.P.C. She was medically examined. The site plan of the place of occurrence was prepared and after the conclusion of the investigation, a charge sheet came to be filed against Appellants/accused under Sec. 452, 366, 376-D and 314 IPC.