RAVINDRA Vs. STATE OF U P

JUDGEMENT

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

(2.) THE instant criminal appeal has been preferred against the judgment and order dated 2.2.2009 passed by the learned Additional Sessions Judge/Fast Track Court No. 7, Sitapur in Sessions Trial No. 514 of 2007 arising out of Case Crime No. 950 of 2005, Police Station Raj Kot, District Sitapur, whereby the present appellant was convicted for the offence under Section 376 I.P.C. and was sentenced to undergo rigorous imprisonment for a period of seven years and also with fine of Rs. 2,000/ -. He was further convicted for the offence under Section 451 I.P.C. and was sentenced to undergo rigorous imprisonment for a period of one year and also with fine of Rs. 500/ -. In default of payment of fine imposed under Section 376 I.P.C., he was directed to undergo one month additional imprisonment. However, the appellant was acquitted of the charges under Sections 323 and 506 I.P.C.

(3.) BRIEF facts necessary for the disposal of the instant appeal are that occurrence of this case is alleged to have taken place on 13.5.2004 when the daughter of the complainant (hereinafter referred to as the 'victim') was sleeping on the roof of her house and other members of the family were busy in cooking and taking food on the ground floor. At about 9:00 p.m. the appellant climbed on the roof of the house and forcibly committed rape with her after closing her mouth. Anyhow, the victim managed to raise an alarm. Hearing the noise raised by the victim, her mother reached there and on her offering resistance, the appellant caused her injuries. Hearing the noise of other persons, appellant Ravindra jumped from the roof and ran away but in this incident, his slippers was left on the spot. He was seen jumping from the roof by Ram Jeevan and Siya Ram. The complainant went to the police station on the same day but no action was taken by the police as brother of the appellant, namely, Shiv Kumar was on duty at the police station. Thereafter on 12.6.2004, an application was given to S.P., Sitapur but inspite of that, no action was taken. Again on 27.7.2004, a registered application was sent but even then no action was taken as the appellant had an adverse criminal and political background. Thereafter on 2.8.2004, an application under Section 156 (3) Cr.P.C. was moved before the learned Additional Chief Judicial Magistrate, Sitapur and under the orders of the court, F.I.R. of this case was registered on 11.11.2005. The order to register the case was passed on 1.9.2005. After concluding the investigation, the police submitted charge sheet against the present appellant on 10.4.2006.