RAVINDRA KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Accused appellant has challenged the judgment and order dated 20.01.2014 passed by the learned Additional Sessions Judge, Court No. 2, Baghpat in ST No. 20 of 2011(State Vs. Ravindra) arising out of Crime No. 479 of 2010 under Section 376(2)(g) IPC, Police Station Doghat, District Baghpat whereby the accused appellant was found guilty and sentenced to 10 years' rigorous imprisonment and Rs.15,000/ - fine under Section 376(2)(g) IPC with default stipulation.

(2.) Filtering out the unnecessary details, the case of prosecution is that the daughter of informant was a student of Janta Inter College, Palri. On 23.09.2010, she was not feeling well, hence she went to take medicine. As soon as she reached near the tube well of Rajendra at about 10:30 AM, Ankit and Ravindra were standing there. Ravindra caught the hand of victim and Ankit pushed her from behind. Ravindra took the girl towards the sugarcane filed and raped her. The victim raised hue and cry at which Mukesh and Mangey reached on the spot. They saw Ankit standing outside, while Ravindra was raping the victim. Seeing these witnesses both fled away from the spot. Mukesh informed about the occurrence to the informant telephonically. The girl was brought to the police station for lodging the first information report.

(3.) The prosecution examined four witnesses. PW -1 is Dharm Pal, who proved the written report as Ext. Ka -1. PW -2 is the victim. PW -3 is Doctor Neera Panwar. On that day, the victim was referred to the doctor for medical examination, but she was treated and examined in the private hospital. Hence, the family members of the victim were not willing to get the victim examined. She was referred to Higher Centre PL Sharma Hospital (Female). This witness proved the reference as Ext. Ka -2. PW -4 is SI Ramji Lal. He copied the written report in the case diary. Further, he recorded the statements of the Chik Writer, informant Dharam Pal, inspected the spot at the pointing out of the informant, which was proved by this witness as Ext. Ka -3. On 24.09.2010, the accused were arrested. Their statements were recorded. On 26.09.2010, the report of victim was received, which was copied in case diary. The clothes of victim were taken in custody. Statement of the victim was recorded in the case diary on 23.12.2010. The articles were sent for Forensic Lab Examination. Investigation ended into a charge sheet, which was proved by this witness as Ext. Ka -4. Chik was scribed by the Constable Dharam Veer Singh, which was proved by this witness as Ext. Ka -5 and copy of the GD was proved as Ext. Ka -6. PW -5 is doctor Amita Singh, who treated the victim just after the occurrence. She was brought by Home -Guard Kuldeep and Ram Naresh Tomar and Bhupendra Singh. This witness submitted the original papers regarding the treatment of the victim. This witness stated that the victim was not in a position to talk, her pulse was not traceable and her blood -pressure was not recordable. This witness found a perineal and vaginal tear, which was stitched. Further, this witness stated that there was excessive bleeding from the vagina of the victim. Hymen was torn, which was freshly torn at 6 o'clock position. In the inner side of vagina towards the post vaginal wall there was a big lacerated wound in the vagina, which was extending from mid -line to lateral vaginal wall on both sides. The bleeding was controlled and the wound was stitched. She was given necessary medical treatment. Her clothes and slides were handed over to the Constable. There were chances that the victim would have been forcibly raped. The victim was taken back by her attendants on the ground that she would be got treated at Baghpat. She was aged about 16 years. This witness proved the report as Ext. Ka -7.