RAJ KISHOR Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 27.11.2013 passed by Additional Sessions Judge, Court No. 4, Agra in S.T. No. 196 of 2012 (State Vs. Raj Kishor) arising out of Crime No. 441 of 2011, under Sections 376 and 506 Indian Penal Code, 1860 (hereinafter referred to as I.P.C.), Police Station- Fatehabad, District-Agra, whereby the accused appellant was found guilty and sentenced to 10 years rigorous imprisonment and Rs. 20,000/- fine under Section 376 I.P.C. and 2 years' rigorous imprisonment and Rs. 2,000/- fine under Section 506 I.P.C. with default stipulation.

(2.) Filtering out the unnecessary details, the prosecution case in brief is that the informant Suresh Chand lodged a report before the S.O. stating that he is a teacher. On 21.9.2011, his 16 years old daughter had gone to the nearby fields to attend the call of nature. Suddenly, Raj Kishor alongwith two unknown companion came there and dragged the victim in the maize field and raped her against her consent. When the victim raised hue and cry, her mother Laxmi Devi and her brother Vivek came to the spot, who witnessed the occurrence. Thereafter, Raj Kishor and his companion threatened to kill these people and fled away. They also threatened that if the report would be filed, they would ruin the whole family. The victim came in depression, she came back to the house and hanged herself to the fan with intention to commit suicide. She was seen from the window by her brother and mother, who opened the window and took the girl. She was taken to Agra and admitted in the hospital. The Doctor said that she was serious. She was kept in the I.C.U. on the ventilator. The informant and his family members were busy in the treatment of the victim, because she was serious. On 23.9.2011, the victim was discharged from the hospital, but she has been admitted again in Ishwari Devi Nursing Home, because she was serious. Hence, report was lodged.

(3.) The prosecution examined as many as nine witnesses. P.W. 1 is Suresh Chand, the informant, who proved the written report as Exhibit Ka-1. P.W. 2 is the victim, who proved her statement recorded under Section 164 Cr.P.C. and her statement given in writing to the I.O. as Exhibit Ka-2 and Ka-3 respectively. P.W. 3 is Constable Ramres, who prepared the chik report and proved it as Exhibit Ka-4. This witness further copied the details of the case in the G.D. He proved it as Exhibit Ka-5. P.W. 4 is Dr. Sunita Sagar, who medically examined the victim. She did not find any external or internal injury on the body of the victim. She proved the medical report as Exhibit Ka-6, pathological report as Exhibit Ka-7 and supplementary report as Exhibit Ka-8. P.W. 5 is Laxmi Verma, who is the mother of the victim, who is said to be the witness of the occurrence. P.W. 6 is Dr. V.N. Verma, who proved the age certificate as Exhibit Ka-6. P.W. 7 is S.I. Virendra Singh, who conducted the investigation. He recorded the statement of the chik writer, informant and copied the F.I.R. in the C.D. He arrested the accused on 26.11.2011 and recorded his statement on 15.12.2011. He copied the medical report of the victim. This witness further submitted the charge-sheet against the accused, which was proved by him as Exhibit Ka-10. Dr. P.W. 8 is S.N. Gupta, who examined the injuries of the victim. He found the following injuries on her body :-