RAM SAGAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the appellant, learned A.G.A. and perused the record.

(2.) AS per prosecution story on 28.7.2003 in the evening, daughter of complainant was all alone in the house. Daughter of the complainant had gone to take water from the well where appellant had also come to take water. When the daughter of the complainant was coming back after taking water, then appellant asked for cord for filling the water and assured that he will give it back at her home. Upon this daughter of the complainant had given cord to the appellant. At about 5.00 p.m. the appellant came with the cord at the house of the complainant and at that time daughter of the complainant was doing work. The appellant had caught hold the daughter of the complainant and brought her to the cell (Kothri) by dragging her and after closing door threatened her for dire consequences. Appellant committed rape with the daughter of the complainant and had also threatened for criminal intimidation. After some time, the complainant and is wife came back from the field, then daughter of the complainant told about the incident. The complainant then told the incident to the Pradhan Haribansh and Sohan. Due to Garabandi, he could not go to the police station. Subsequently, he came to the police and lodged the report on 30.7.2003. After investigation the charge sheet was filed against the appellant for the offences punishable under Sections 452, 376, 504 and 506 I.P.C. The appellant denied the charges and claimed to face trial.

(3.) THE prosecution has examined the victim as P.W. 1 who has stated that at the time of incident, she was 14 years old and her parents had gone to the field and she was all alone in the house. She had gone to take water from the well at 4.00 p.m. where Ram Sagar asked for cord and assured her to return it at her home. She handed over the cord to him and came back to her home. At about 5.00 p.m. Ram Sagar came alongwith cord and entered into the house and caught hold her. He also shut down the door and she was brought to Mud Kothri. She had raised alarm but nobody had come there. Ram Sagar had committed rape with her which was resisted. After committing rape, Ram Sagar had threatened her for dire consequences. By committing rape, blood stains had come on her Shalwar, but she had taken bath and had washed the Shalwar. After some time, her parents had come to whom she narrated the incident. Since Ram Sagar was watching them, therefore, they could not go to the police station. On third day, they went to the police station and lodged the F.I.R. She has also stated that she was medically examined and her statement was recorded before the Magistrate.