JASPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 28.11.2013 passed by Shri Raj Singh Verma, Additional Sessions Judge, Jyotiba Phule Nagar (Amroha) in Sessions Trial No. 405 of 2001 (State vs Jaspal) arising out of Case Crime No. 213 of 2000, under sections 363, 366, 376, 306 IPC, police station Amroha Nagar, district J.P. Nagar (Amroha), whereby the accused Jaspal was convicted under section 366 IPC and sentenced to five years' rigorous imprisonment and a fine of Rs. 2000/-. Further he was convicted under section 376 IPC and sentenced to seven years' rigorous imprisonment and a fine of Rs. 5000/-. He was also convicted under section 306 IPC and sentenced to seven years' rigorous imprisonment and a fine of Rs. 5000/- with default stipulation. However, the accused was acquitted under section 363 IPC.

(2.) Filtering out the unnecessary details, the prosecution case is that the daughter of the informant was appearing as private candidate in the intermediate examinations. The nephew of the informant, namely, Ravindra Singh, was residing at Avas Vikas Colony, Amroha with whom the victim had stayed while she was appearing in her examinations. On 19.04.2000 when the victim was returning after appearing in the examination, the appellant Jaspal, who is also related to the informant met the victim on the way, he was having a jeep with him. He was accompanied by his sister-in-law Seema, who is also the wife of his younger brother. Both Jaspal and Seema enticed away the victim in the jeep whose number was UP 23, 3941. They took the victim to Akkha Nangla, where the victim was raped by Jaspal. After raping the victim, she was left at the house of Ravindra Singh at 8.00 p.m. The whole incident was narrated by the victim to Radha, wife of Ravindra. Radha told the victim not to disclose this fact to anybody otherwise she would be defamed. When the victim was being taken away by Jaspal and Seema, they were seen by Chhatar Singh and Meghraj, who stopped the jeep and asked them as to where they are going. At which, they stated that the victim was ill and they are going to drop her at house. On 20.04.2000, the wife of Ravindra, the nephew of the informant, left the victim at the house of the informant. Since that day the victim remained in the house of the informant. She was always lost and depressed. When her mother asked her the reason, she narrated the whole incident to her and the informant. The informant and his wife thought that the girl being spinster had to be married soon. Due to defamation in the society, they did not take recourse to any legal proceedings. On 01.05.2000, the victim came to Amroha to appear in her examination and consumed Sulphas tablets and committed suicide. She left a hand written note before committing suicide that action be taken against Jaspal and Seema. On the basis of this written note, chik report was scribed by PW-5 Vishram Singh.

(3.) Dr. Surendra Singh PW-8 conducted the postmortem report on the body of the deceased. She was of average built. Rigor mortis passed of from the upper limbs and was present on the lower limbs. The lips and nails were cynosed. There was no mark of injury on the external part of the body. Her pubic hairs were shaved. The membranes of the brain, lungs, pleura and larynx were congested. The membrane of the intestines were congested. Liver, spleen, kidneys were congested. Hymen was torn, but there was no injury. Since the cause of death could not be ascertained, hence viscera was preserved. The postmortem report was proved by this witness as Ext. Ka-13.