SHIV KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Imran Ibrahim, amicus curiae appearing for the appellant and Mrs. Manju Thakur, learned A.G.A. for the State. This criminal appeal has been preferred by the appellant, Shiv Kumar against the judgment dated 5.2.2003 and order dated 6.2.2003 passed by the Fast Track Court, No. 4, Varanasi in Session Trial No. 84 of 2002 (State v. Shiv Kumar), arising out of Case Crime No. 146 of 2001, under section 376 I.P.C., P.S. Ram Nagar, district-Varanasi, by which the appellant was convicted under section 376 I.P.C. and awarded punishment of ten years R.I. and fine of Rs. 5000/- and in default of payment of fine further R.I. of one year. The brief facts of this case are that Smt. Laxmi, mother of the ten years old victim Km. Renu lodged a written report at police station-Ram Nagar, district-Varanasi on 1.11.2001 (Ext. Ka-7) stating therein that the appellant Shiv Kumar who was residing as a tenant in a portion of her house had committed rape of her daughter, Renu in the night of 31.10.2001. On the basis of the written report of Smt. Laxmi Case Crime No. 146 of 2001 was registered against the appellant, Shiv Kumar at police station-Ram Nagar, district-Varanasi. Victim, Km. Renu was medically examined on 2.11.2001. Her medical report is on record as Ext. Ka-1. Her statement under section 164 Cr.P.C. Ext. Ka 9 was recorded on 19.11.2001.

(2.) After completion of the investigation charge-sheet was submitted by the Investigating Officer PW-4, Sub-Inspector, Kamlesh Kumar Tripathi against the appellant under section 376 I.P.C. The case was committed for trial to the Court of Session. Charge was framed against the appellant under section 376(2)(f) I.P.C. on 22.3.2002. The appellant denied the charge and claimed trial.

(3.) The prosecution in order to prove its case against the appellant examined the informant Laxmi PW-1, Victim, Renu PW-2, Dr. Pritam Pal PW-3, Sub-Inspector, K.K. Tripathi (I.O.) PW-4, Jai Prakash Yadav scribe of the F.I.R. PW-5, Dr. S.C. Singh, Radiologist PW-6 and Vikram Ram, constable PW-7.