AZAD Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal under Section 374(2) Cr.P.C. has been preferred by appellant Azad against the judgment and order dated 30.01.2009 passed by Addl. Sessions Judge/F.T.C.V, Lucknow in Sessions Trial No.1301 of 2006 convicting the appellant under Section 376(2)(cha) I.P.C. and sentencing the appellant to imprisonment for life and a fine of Rs.2,000/ - and in default of payment of fine to further undergo R.I. of two months.

(2.) BRIEFLY stated, according to the prosecution case, the report was lodged by Chhotey Lal alleging that his daughter aged about ten years had gone for urinating from her house towards Gahalvara, P.S. Kakori, District Lucknow. His daughter was taken away by covering her mouth near the pond and committed rape. When his daughter did not return, he started searching for her and saw that she was crying and accused left her at that place and ran away. Several persons also reached there hearing the cries of victim. The report of the incident was registered on 10.6.2004 at 10.45 P.M. and on the basis of this report a case under Section 376 I.P.C. read with Section 3(2)(v) S.C./S.T. Act was registered. Recovery memo of underwear of the victim was prepared and the victim was referred for medical examination. After collecting evidence, charge sheet was submitted against the accused persons. The case was committed to the court of sessions. The Sessions Judge charged the accused under Section 376 I.P.C. read with Section 3(2)(v) S.C./S.T. Act. Accused denied the charges and claimed trial.

(3.) PROSECUTION in order to prove its case examined in all eight witnesses - P.W. 1 Chhotey Lal, the first informant; P.W. 2 Putti Lal; P.W. 3 victim; P.W. 4 Guru Prasad; P.W. 5 Kaushalya; P.W.6 S.I. Sri Jageshwar Prasad; P.W. 7 Dr. Sushma Singh and Constable Lalta Prasad, P.W. 8.