RANGI LAL NISHAD Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS criminal appeal has been preferred against the judgment dated 4.7.2015 passed by Additional Sessions Judge, Court No. 2, Jalaun, Orai in Session Trial No. 37 of 2013 (State Vs. Rangi Lal Nishad), under Sections 376, 454, 380 I.P.C. and Section 4 of the Protection of Children From Sexual Offences Act, 2012 in Crime No. 754 of 2013, whereby the accused -appellant was found guilty and he was convicted under Section 376 I.P.C. for 7 years imprisonment coupled with Rs. 5,000/ - fine. He was further convicted for 7 years under Section 4 POCSO Act coupled with Rs. 10,000/ - fine with default stipulation. All the sentences were to run concurrently.

(2.) THE brief facts of the case are that the informant Bharat Singh submitted a written report at the police station Kotwali, Kalpi stating that on 2.8.2013 at 2 O'clock in the day time, when the informant and his wife had gone to the field, his daughter Km. Sharmeeli aged about 15 years was present alone at the house. She was suffering from high fever. Suddenly, his neighbour Rangi Lal Nishad trespassed into the house of the informant and bolted the house from inside. He took out Rs. 10,000/ - cash and gold and silver jewellery worth of Rs. 17,000/ - from the box. On hearing noise, his daughter waked up and rebuked the accused, at which the accused closed the mouth of the victim and raped her and ran away from the house of the informant. Niece of the informant namely Neetu and one Gayatri and Sunita saw the accused running away from the house of the informant. When the informant came back from the fields he came to know about the whole matter. Since, there were flood in the Yamuna river, he could not go to lodge the report for two days. Thus, he lodged the report on 4.8.2013.

(3.) AFTER that on 18.8.2013 he recorded the statements of the witnesses Nitu, Gayatri and Sunita, perused the medical report, supplementary report and submitted the charge -sheet against the accused person, which was proved as Exhibit Ka -6. He verified the date of birth of the victim, which was proved to be 5.1.1999.