RAJESH JATAV Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 01.08.2013 passed by Additional Sessions Judge, Court No. 5 Agra in S.T. No. 599 of 2011 State vs. Rajesh Jatav under Section 376 I.P.C. whereby the accused/appellant has been convicted under Section 376 I.P.C. and sentenced to undergo RI for 10 years and to pay a fine of Rs. 25,000/- with default clause.

(2.) The prosecution case, in brief, is that on 04.04.2011 at 12 o'clock in the day a girl aged about 9-10 years (hereinafter referred to as 'the prosecutrix') was playing in Abdul Hamid Park in Mohalla Islam Nagar, Tedi Bagiya in Agra. The accused/appellant Rajesh Jatav who was living in a room of public toilet built in that park called the prosecutrix on the pretext of fetching whey (Mattha) and took her in his room and forcibly began to commit rape upon her. On hearing screams of the prosecutrix, the first informant(father of the prosecutrix) and the other witnesses Samshuddin, Rothi and Riyasuddin who were resident of that Mohalla (colony) rushed to the spot. On seeing them the accused/appellant had tried to flee away but he was caught hold by the public in the park itself and thereafter he was brought to the police station Etmaudaulla, Agra.

(3.) The father of the prosecutrix, namely, Ashok son of Babu Khan had lodged a written First Information Report (Ext. Ka-1) in police station Etmaudaulla, Agra on the same day at 1:00 pm in regard to the above incident. The constable clerk Ram Sanehi (PW-5) prepared the chick F.I.R. (Ext. Ka-8) on the basis of the F.I.R. (Ext. Ka-1); registered a case under Section 376 I.P.C. at case crime No. 224 of 2011 against the accused-appellant and also made an entry in the general diary in that regard, the extract of which is Ext. Ka-9.