MANDHUN Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been filed on behalf of the accused-appellant- Maudhu, who has been convicted by judgment and order dtd. 10/10/2013 passed by Sessions Judge, Farrukhabad in Session Trial No.153 of 2010 (State of U.P. vs. Maudhu) arising out of Case Crime No.374 of 2009, under Ss. 376 I.P.C., Police Station- Amritpur, District- Farrukhabad and sentenced the appellant to life imprisonment and fine of Rs.20,000.00.

(2.) The informant presented a written report dtd. 10/9/2009 scribed by Tilakram Awasthi at P.S.- Amritpur, District- Farrukhabad, alleging therein that today on 9/9/2009 her 15-year-old daughter had gone outside the village to ease herself. When she sat down in the curvy field of Maniram, Maudhu Jatav of the village came there and with ill intention pulled her down on the ground. His daughter resisted and made a noise then the accused ran away from the spot. His daughter came to the house and narrated the entire incident, to the informant and other family members, who consulted and thereafter informant came with the victim to lodge the report. On the aforesaid written information, Case Crime No.374 of 2009 under Sec. 376/511 I.P.C. was registered and investigation was entrusted to S.I. Shiv Singh. The victim was sent for medical examination, the Investigating Officer recorded the statement of Chik and GD Writer. Further investigation was conducted by S.I. Chhatrasal Shivhare. He arrested the accused on 10/9/2009 and recorded his statement. He collected the medical examination report and supplementary report of the victim and on its basis amended the case under Sec. 376 I.P.C. Thereafter, he recorded the statement of the victim, the informant, and other witnesses, collected the pot (lota), and prepared its memo. The statement of the victim was also got recorded under Sec. 164 Cr.P.C. The Investigating Officer inspected the place of occurrence and prepared the site plan at the pointing out of the informant and the victim. Based on evidence collected during the investigation, a charge-sheet was submitted against the accused for offence under Sec. 376 I.P.C. The learned Magistrate took cognizance and committed the case to the Court of Sessions.

(3.) The learned trial Court framed a charge under Sec. 376 I.P.C. against the accused, who pleaded not guilty and claimed for trial.