LAWS(ALL)-2015-8-80

GAJENDRA Vs. STATE OF U.P.

Decided On August 11, 2015
GAJENDRA Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned A.G.A. for the State of U.P. and perused the record.

(2.) This appeal has been preferred on behalf of the appellant Gajendra @ Gabdoo against the judgement and order dated 27.1.2007 passed by the Additional Session Judge, Jalaun at Orai in S.T. No. 126 of 2006, under section 376 I.P.C. P.S. Kotra, District Jaluan whereby the accused-appellant has been convicted for the offence under section 376 I.P.C. and sentenced imprisonment for life and fine of Rs.10,000/- and in default of payment of fine he has to undergo simple imprisonment for six months.

(3.) Briefly stated prosecution version is that one Hari Ram, P.W.1, informant/complainant has lodged information with the police station Kotra stating there in that his niece Km. Sita aged about 6 years disappeared on 29/30-4-2006 in the morning at about 4.00 a.m. She was searched and during the course search the informant Hari Ram accompanied by Udai Veer and Lakshmi reached to the village Nunsai where in a field adjacent to the herb, he heard the noise of the girl Km. Sita. Then he reached at the spot and saw that Gajendra @ Gabdoo was committing sexual intercourse with Km. Sita at about 7.00 a.m. in the morning. On raising alarm the accused fled away from the spot and could not be apprehended/ arrested. The girl was brought at home and matter was discussed with the Pradhan of the village and family persons. She was taken to the private Doctor for immediate treatment since the conditions was very serious. The information was given to the father of the prosecutrix Km. Sita. The information was lodged with the police station on 1.5.2006 at about 0.10 a.m. The distance of the police station is 13 kms from the place of occurrence. During the course of investigation the statements of the witnesses were recorded and the prosecutrix was got medically examined. The investigation culminated into the filing of police report in the shape of charge sheet.