SUHIL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) UNDER challenge in the instant criminal appeal is the judgment and order dated 18.03.2011 passed by learned Additional Sessions Judge/Fast Track Court No.3, District Gonda in Sessions Trial No.58 of 2010 whereby the appellant -Suhil was convicted for the offence under Section 376, 506 IPC and Section 3 (1) (XII) S.C./S.T. Act, and for the offence under Section 376 IPC he was sentenced to undergo rigorous imprisonment for a period of seven years and also with fine of Rs.500/ - and for the offence under Section 506 IPC he was further sentenced to undergo rigorous imprisonment for a period of six months and also with fine of Rs.500/ - and he was further convicted for the offence under Section 3 (1) (XII) S.C./S.T. Act and sentenced to undergo rigorous imprisonment for a period of six months and also with fine of Rs.1000/ - and in default of payment of entire fine amount, he was sentenced to undergo additional simple imprisonment for a period of three months. All the sentences were directed to run concurrently.

(2.) AS per the version of the FIR, which was lodged by the victim herself, the case of the prosecution was that the victim was residing for the last two years in village Mauja Bamdera, Police Station Katra Bazar, District Gonda. Her husband's name was Dharmendra. The appellant Suhil was also a resident of village Hata Mauja Maijapur. On 07.05.2009, in the evening at about 7.00 p.m. when the victim was alone at her Dera then the appellant reached there armed with countrymade pistol and put the same on the head of the victim and on gun point committed rape with her. This incident is alleged to have been witnessed by several persons of the vicinity. The FIR of this case was registered at the police station on 08.05.2009 at 16:00 hours. As per chik report (Exhibit Ka -5) the distance of the police station from the place of occurrence was 8 kilometers. The victim was referred for medical examination and her medical examination was conducted on 08.05.2009 at 6.30 p.m. at District Women Hospital, Gonda. As per her medical examination report (Exhibit Ka -2) her height was 148 cms., weight 35 kgs., teeth were 14/14 and the breasts were in developing stage, axillary hairs were present and no mark of injury was found on any part of the body. On her internal examination no mark of tear, no laceration and no mark of injury on her internal parts were found. Vagina admitted two fingers easily and no bleeding was found. Vaginal smear slides were prepared and the victim was referred for her X -ray for the purpose of determination of her age. In the pathological report no spermatozoa was seen in the slides and the radiological age of the victim was reported to be about 17 years. The Investigating Officer inspected the place of occurrence and prepared the site plan and after concluding the investigation charge -sheet was filed against the appellant.

(3.) THE case of the defence was of his false implication due to village party bandi and political enmity.