SATYAPAL Vs. STATE OF U P

JUDGEMENT

(1.) UNDER challenge in this appeal is the judgment and order dated 11.2.2009 passed by the learned Additional Sessions Judge/Fast Track Court No. 2, Hardoi in Sessions Trial No. 198 of 2008 arising out of Case Crime No. 558 of 2007, Police Station Tandiyawan, District Hardoi whereby the appellant was convicted for the offence under Section 376 and 506 (2) I.P.C. For the offence under Section 376 I.P.C., he was sentenced to undergo rigorous imprisonment for a period of seven years and also with fine of Rs. 3,000/ - with default stipulation of two months additional imprisonment. For the offence under Section 506 (2) I.P.C., he was sentenced to undergo rigorous imprisonment for a period of one year. Both the sentences were directed to run concurrently.

(2.) ACCORDING to the F.I.R., prosecution case was that the victim herself lodged an F.I.R. at the Police Station Tandiyawan, District Hardoi on 5.12.2007 at 14:20 hours stating therein that on 26.11.2007 at about 7:00 p.m., she had gone to pluck 'Bathuwa' from the field. The appellant reached there and caught hold of the victim and dragged her inside the sugarcane field of one Muneem and committed rape with her. The appellant also threatened her that in case she disclosed this incident to anyone then she shall be shot dead. Hearing the cries of the victim, her mother in law Aneeta and one Chadari wife of Vishram also reached at the place of occurrence and rescued the victim from the appellant. Thereafter the appellant extended threats to them also. Meanwhile Vikram son of Jugnu and Babu son of Gopali also reached there and they saw the appellant running away from the place of occurrence. The victim went to lodge the F.I.R. But the same was not registered. Thereafter she moved an application on 30.11.2007, addressed to S.P. Hardoi on which this case was registered. The victim was referred for medical examination. Her medical examination was conducted on 5.12.2007 at Women Hospital, Hardoi by Dr. Saroj Bala. No mark of injury was seen on external part or on private part of her body and hymen was old torn and healed. Vagina admitted two fingers easily. No bleeding or discharge was present. Vaginal smear was taken and sent for pathological test. In this case, the victim was a married lady. In the vaginal smear test, dead spermatozoa was seen. However no gonococci were seen. By means of supplementary report, the doctor opined that she had undergone sexual intercourse.

(3.) AFTER completing the investigation, charge sheet was filed by the police against the appellant.