RAMJEET Vs. STATE OF U P

JUDGEMENT

(1.) CHALLENGE in the instant criminal appeal is the judgment and order dated 16.03.2012 passed by Sessions Judge, Ambedkar Nagar, in Sessions Trial No. 103 of 2009, arising out of Case Crime No. 92 of 2009, Police Station Bhiti, District Ambedkar Nagar, whereby the appellant was convicted for the offence under Section 376 IPC and was sentenced to undergo rigorous imprisonment for a period of seven years and also with fine of Rs.1000/ - with default stipulation of two months' additional imprisonment. He was further convicted for the offence under Section 506 IPC and was sentenced to undergo rigorous imprisonment for a period of six months and also with fine of Rs.200/ - with default stipulation of seven days' additional imprisonment. Out of the said fine amount, Rs. 500/ - were to be paid to the victim.

(2.) ACCORDING to the version of the first information report, the case of the prosecution was that the victim, a married lady and permanent resident of Basantpur Beespatti, was sleeping in her house. In the intervening night of 4/5.04.2009, appellant Ramjeet opened the door of her house, caught hold of her hands, when the victim resisted then he closed her mouth and committed rape with her. The first information report of this case was lodged by the victim herself on 6.4.2009 at 1540 hours. After registration of the case, the victim was referred for her medical examination. She was medically examined at Community Health Centre, Tanda, Ambedkar Nagar, on 08.04.2009 at 4.00 PM. In the medical examination report, no external injury over the body was found. Axillary hairs, pubic hairs and breasts were well developed. Hymen was old torn, slight bleeding through OS present. Hymen was replaced by old healed tags. Vaginal smear was taken and sent for pathological examination and the victim was referred for X ray report for determination of her age.

(3.) IT transpires from the record that no supplementary report was prepared in this case.