RAM SUKH PAL Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the appellant and Shri Sharad Dixit, learned AGA for the State respondent.

(2.) THIS criminal appeal has been filed by the appellant - Ram Sukh Pal challenging the judgment and order dated 21.12.2006 and 22.12.2006 passed by the learned Additional District and Sessions Judge, Room No.4, Sultanpur in Sessions Trial No.431 of 2004 (State v. Ram Sukh Pal), by which the learned court has convicted the appellant and sentenced him to undergo 10 years RI under Sections 376 (1), 313 IPC each and to pay fine of Rs.15,000/ - under each sections.

(3.) PROSECUTION story, in brief, is that the informant Ram Kishun Pal lodged FIR on 9.9.2004 in Police Chanda, District Sultanpur alleging that about five months prior his daughter - the victim had gone to the field to ease herself where the appellant raped her. However, due to shyness, she did not tell any body about this and she became pregnant. On 31.8.2004, Ram Sukh took her forcibly from out side of the village and forcibly aborted the said pregnancy by admitting her in a hospital at Sultanpur, and left the victim in ailing condition at her home. On this, FIR under Sections 376, 313 IPC was registered on 9.9.2004 at about 11:50 hours. Thereafter, statement of informant (PW -1), Smt. Usraji and the victim (PW -2) was recorded under Section 161 Cr.P.C. Sub -Inspector Ram Swaroop (PW -7) visited the place of occurrence and prepared site plan and also recorded the statements of prosecution witnesses - Amarnath Pal, Kallu Pal, Abhay Narain Pal, Akhilesh Kumar Upadhyay in the case diary. On 10.9.2004, the accused appellant was arrested and his statement was recorded. The victim was sent for medical examination in Government Hospital, Sultanpur along with constable Shashi Samholi. Dr. Talakjahan (PW -3) medically examined the victim on 10.9.2004 and has given her report (10Ka2). For determination of age x -ray was advised. The victim was also sent to pathalogist and for ultra sound. Pathalogical report is Ex.Ka.2. Ultra Sound report is Ex.Ka.6. On the basis of opinion of Chief Medical Superintendent Lady, Sultanpur (10Ka -2) this witness has prepared supplementary report Ex.Ka.3. As per report, there was incomplete termination of pregnancy, and the age of girl, as per Hystopathological report, was below 18 years.