AJEET BALMIKI Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal under Section 374(2) Cr.P.C. has been preferred by appellant Ajeet Balmiki, son of Late Kishori Lal against the judgment and order dated 06.09.2006 passed by learned Addl. Sessions Judge -F.T.C. 3, Lucknow in Sessions Trial No.800 of 2006 arising out of crime no.102/2006 convicting and sentencing the accused -appellant under section 376(2)(d) I.P.C. for a period of twelve years' R.I. and a fine of Rs.10,000/ - and in default of payment of fine the appellant to further undergo six months' R.I. and under section 506 I.P.C. for a period of one year R.I. and a fine of Rs.1000/ - and in default of payment of fine the appellant to undergo one month's further imprisonment. Both the sentences to run concurrently.

(2.) BRIEFLY stated, the prosecution case is that on 6.4.2006, complainant Shambhu Pasi son of Ram Avtar Pasi, resident of Sikri, police station Tambaur, District Sitapur, lodged a written report stating therein that on 5.4.2006, he had brought his wife, the victim (name withheld by us), for treatment at Virangana Avanti Bhai Women Hospital, Lucknow. The doctor, after examining, admitted the victim in ward no.31 at bed no.13. Glucose drip was injected. At about 1:30 a.m. in the night ward boy, named Ajit, came inside the ward and asked the complainant to move out from that ward since it was Ladies Ward. He closed the channel of the gate and told him that it would be opened in the morning; the complainant when met his wife at 7:00 a.m. in the morning, she started weeping and narrated him that Ajeet Balmiki, who had asked him to go out of the ward, took her to ward no.24 on the pretext that the nurse would help in getting glucose drip properly injected. Three beds were vacant inside ward no.24; he tried to commit rape; the victim resisted but she was put under threat and he twice committed rape.

(3.) ON the basis of the written report Constable Mohrir Devendra Singh prepared chik report no. 92 of 2006; case crime no.102 of 2006 under sections 376,506 I.P.C. against appellant Ajit Kumar and made G.D. entry at report no.23; time 9:00 -10:00 hours. Investigation was handed over to S.I. Amod Kumar Singh. The victim was medically examined at Virangana Avanti Bhai Women Hospital, Lucknow and her pathological examination was conducted by Dr.N.D.Das. The further investigation, i.e. statements of complainant, victim and others were recorded under section 161 Cr.P.C.; clothes of the victim and other relevant recoveries were made and sealed. After completion of the investigation, charge sheet was submitted under Section 376(2)(d) and 506 I.P.C. against appellant Ajeet Balmiki. The Court of Additional Chief Judicial Magistrate took cognizance and on 19.7.2006, committed the case to the court of Sessions. Charges were framed under section 376(2)(d) and 506 I.P.C. The accused denied the charges framed against him and claimed to be tried.