NITTAR AND ANOTHER Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 05.03.2013 passed by learned Additional Sessions Judge, Court No. 7, Moradabad in ST No. 503 of 2010 (State Vs. Nittar and another), arising out of Case Crime No. 60 of 2009, under Sections 376, 506 IPC, Police Station Mahila Thana, District Moradabad whereby accused appellants were found guilty and were convicted and sentenced to seven years' rigorous imprisonment and fine of Rs.15,000/- each with default stipulation. They were further convicted and sentenced to two years' rigorous imprisonment and fine of Rs.1,000/- each under Section 506 IPC.

(2.) Prosecution case in brief is that a report was lodged by Munni Devi stating that her daughter on 28.05.2009 was returning to her home at 8:00 P.M. after irrigating the field. Nittar and Indar were accompanying to her. Accused appellants Nittar and Inder dragged her into a grove-yard of guava (Amrood Ki Baghiyha) of Shyam Lal and both raped her. They threatened to kill her if she would tell anything to anybody. On the basis of a written report the FIR was lodged and the matter was entrusted to SI concerned for investigation, who inspected the spot, recorded statements of witness and prepared the site plan, marked as Ext. Ka-8. The victim was sent for medical examination. The investigation ended into a charge sheet which is marked as Ext. Ka-9.

(3.) The prosecution examined as many as six witnesses. PW-1 is Munni, the informant who proved the written report as Ext. Ka-1. PW-2 is the victim. PW-3 is Puja, the elder sister of the victim. PW-4 is Titu. PW-5 is Jai Pal. PW-6 is Mamta. After examining six witnesses, the prosecution closed its evidence. The witnesses admitted genuineness of chik report, medical report, supplementary report, pathological report, charge sheet and site plan under the provisions of 294 Cr.P.C.. Thus, the first information report was marked as Ext. Ka-2. The medical report was marked as Ext. Ka-4. Supplementary report was marked as Ext. Ka-5, pathological report was marked as Ext. Ka-6 and radio-logical report as Ext. Ka-7.