IKRAR Vs. STATE

JUDGEMENT

(1.) UNDER challenge in the instant criminal appeal is the judgment and order dated 22.01.2009 passed by learned Additional District & Sessions Judge, Fast Track Court, Ist, District Lakhimpur Kheri in Sessions Trial No.375 of 2006 whereby the appellant -Ikrar was convicted for the offence under Section 342 read with Section 34 IPC and was sentenced to undergo rigorous imprisonment for a period of six months and he was further convicted for the offence under Section 376 (2) (g) IPC and was sentenced to undergo rigorous imprisonment for a period of 10 years and also with fine of Rs.5000/ - with default stipulation of six months rigorous imprisonment.

(2.) THE facts necessary for the disposal of the present appeal are that on 19.09.2005 at about 6.05 a.m. the complainant Liyakat Ali lodged an FIR with the allegation that her minor daughter aged about 14 years (hereinafter referred as victim) had gone to attend the call of nature on 14.09.2005 at 6.00 a.m. While she was coming back then the appellant Ikrar alongwith Anjum and one unknown person kidnapped her and tied her mouth with a Dupatta and committed gang rape with her in a sugar cane field. When there was undue delay in the return of the victim, then the complainant and the other family members started her search. At about 8.00 a.m. the appellant Ikrar came in the village to know the reaction in the village. Then, on suspicion, the wife of the complainant asked him that has he taken her daughter, then he refused and told that Anjum had come to his house and had stayed in his house. Thereafter, search continued. During search at about 2:30 p.m. the accused persons were seen alongwith the victim. The complainant side made an effort to apprehend them but the accused persons were successful in making good their escape. Because of the resistance offered by the victim they failed to take the victim with them.

(3.) AFTER registration of FIR on 19.09.2005, the victim was referred for medical examination and in her medical examination her breast were found to be developed, pubic and auxiliary hairs were present and no external injury was seen on the body of the victim. In her internal examination the hymen was found old torn healed and no recent injury was detected in her private part and vagina admitted two fingers easily. She was referred for X -ray and for pathological examination for the presence of spermatozoa. After the aforesaid tests supplementary report was prepared and no definite opinion regarding rape was given. Her radiological age was opined to be about 18 years. The case was investigated and after investigation the police submitted charge -sheet against the appellant Ikrar. The other named accused Anjum died because of fall in a canal and his body was recovered from a canal after some days of the occurrence and the identity of the third accused could not be worked out.