RAJESH Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 14.5.2013 passed by Additional Sessions Judge (Ex Cadre) Court No.4, Chitrakoot in Sessions Trial No.46 of 2010, State vs. Rajesh, under Section 376 IPC P.S. Rajapur District Chitrakoot whereby the lower court had convicted the accused appellant of the charge under Section 376 IPC and sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.10,000/- and in default of payment of fine it was directed that the accused appellant shall further undergo rigorous imprisonment for one year. It was further directed that out of the amount of fine so received a sum of Rs.5,000/- shall be paid to the victim of this case as compensation.

(2.) The prosecution case as emerged from the First Information Report, in brief, is that on 19.11.2009 at about 4.00 p.m. when the daughter of the first informant (hereinafter referred to as the prosecutrix) aged about 22 years was cutting the fodder in the field of one Vishwanath Pandit, the accused Rajesh came there and asked the prosecutrix to have a talk with her in-laws by mobile phone. The prosecutrix refused to have any talk with her in-laws and said that she would not talk to anyone. On her refusal to have any talk on mobile phone to her in-laws the acccused Rajesh had forcibly planked her down in the field itself and attempted to commit rape on her whereupon the prosecutrix began to cry. On her cry the people had rushed to the spot from nearby fields. On seeing them the accused had run away from the spot leaving behid the prosecutrix. The prosecutrix had come to her house and narrated the whole incident to her father. Thereupon her father along with his daughter (prosecutrix) went to his elder brother Jagjivan Ram in village Karvi and narrated the whole incident to him and on the next day i.e. 20.11.2009 at 10.15 p.m. he lodged a written FIR (Ext.Ka.1) in regard to the above incident on the basis of which a case was registered under Section 376/511 IPC against the accused appellant at Case Crime No.1220/2009 in P.S. Rajapur District Chitrakoot. In that regard Chick FIR (Ext.Ka.9) was prepared by constable clerk Ram Gopal and an entry in that regard was also made by him in the General Diary the extract of which is Ext.Ka.10.

(3.) The investigation of this case was entrusted to S.I. Rajendra Prasad Dwivedi (PW-7). The prosecutrix was sent to P.H.C. Rajpur for medical examination along with lady Home Guard Mayadevi on 20.11.2009. On that day at 10.50 p.m. PW-5 Dr. Ram Pratap, PHC, Rajapur had conducted the medico legal examination of the prosecutrix and found the following injuries upon her person: