AJAY PATEL Vs. THE STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 23.09.2014 passed by the learned Additional Sessions Judge, Court No. 2, Varanasi in Sessions Trial No. 21 of 2012 (State vs Ajay Patel alias Sarvan) arising out of Case Crime No. 210 of 2011, under sections 363, 366-A, 376(2) IPC, Police Station Rohaniya, District Varanasi whereby the accused appellant Ajay Patel alias Sarvan has been convicted and sentenced to seven years' rigorous imprisonment and a fine of Rs. 10,000/- under section 363 IPC; seven years' rigorous imprisonment and a fine of Rs. 10,000/- under section 366-A IPC and ten years' rigorous imprisonment and a fine of Rs. 20,000/- under section 376 IPC with default stipulation. Out of the fine amount so deposited by the accused, a sum of Rs. 30,000/- was directed to be paid to the victim.

(2.) Brief facts of the prosecution case are that a report was lodged by Munna Lal, the father of the victim stating that on 03.05.2011, when the victim was sleeping with her family members outside her house, one Ajay Patel belonging to the same village along with his four friends pressed the mouth of his daughter and carried her away. In the morning, when the family woke up, they were astonished to see that the victim was missing. They tried to trace out her, but she could not be traced out and information was given at the police station Rohaniya about missing of the girl. The Station Officer said that somebody must have taken the girl, she will return in 2-4 days. The informant came back home. In the night of 4.5.2011 at 11:00 p.m., Ajay Patel and his friends brought the girl to the police station, the girl was in a pity condition, she could not even walk. The informant received a call on his mobile that his daughter is at the police station and he should take her. The call came from Mobile No. 8726232134. When the informant reached the police station, the Station Officer said that his daughter had gone with her brother from the police station, at which the informant said that his son is with him, at which the Station Officer sent the informant back, who came home at 11:30 p.m. The victim returned home and narrated the incident to her father and also told him where she was taken and she was raped by four people, who were friends of Ajay Patel. Again in the morning, the informant went to the police station and narrated the whole incident to the Station Officer, but neither the victim was called at the police station nor she was got medically examined nor any statement was recorded, nor any report was registered, but he was called after four days. The informant told everything to his family members. When the victim came to know about all these, she jumped into the well to commit suicide. This information was also given at the police station. The victim was taken out of the well by the villagers. She sustained injuries on her head. She was taken out of the well in the presence of Station Officer, but even then neither the FIR was lodged nor she was medically examined, but the Investigating Officer pressurized the informant to compromise the matter. Even, the Pradhan asked the informant to compromise the matter. As no report was lodged by the police, an application was moved before the I.G. Zone, Varanasi on 18.06.2011.

(3.) The prosecution has examined PW-1 Munna Lal, the informant in support of the prosecution case. He proved the written report as Ext. Ka-1. PW-2 is the victim. PW-3 is Dr. Mridula Malik, who examined the victim and proved the injury report of the victim. PW-4 is Constable Ram Ashish, who proved the chik report as Ext. Ka-4 and the copy of the G.D. as Ext. Ka-5. PW-5 is S.I., Jagdamba Prasad Dwivedi, who conducted the investigation. He recorded the statement of the chik writer. He further recorded the statement of the victim, inspected the spot and prepared the site plan, which was proved by him as Ext. Ka-6. He further recorded the statement of the witnesses. Thereafter, the accused was arrested and his statement was recorded. On 12.08.2011, the victim was got medically examined and the medical report was copied in the case diary. The statement of the victim was got recorded under section 164 Cr.P.C., which was copied in the case diary. The investigation ended into a charge sheet, which was proved by PW-6, S.I. Bramhadev Sharma as Ext. Ka-7.