KISHORE Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 15.12.2014, passed by Additional Sessions Judge, Court No. 2, J.P. Nagar, in Sessions Trial No. 519 of 2011 (State vs. Kishore), arising out of Case Crime No. 128 of 2011, under Sections 376, 506 I.P.C., Police Station Bachraiyoon, District J.P. Nagar, whereby the accused appellant was convicted and sentenced to ten years rigorous imprisonment with a fine of Rs. 5000/- under Section 376 I.P.C. and two years rigorous imprisonment with a fine of Rs. 1000/- under Section 506 I.P.C. with default stipulation.

(2.) Filtering out unnecessary details, brief facts are that an application under Section 156(3) Cr.P.C. was moved by the informant on 29.01.2011 stating that she is resident of village Dhakowali, Police Station Bachraiyoon, J.P. Nagar. On 21.01.2011 in the evening, the informant was loading the sugarcane on the trolley with the aid of her husband and her son. After that her husband proceeded to the Chhadha Sugarcane Mill with the trolley and the informant was returning home to finish the house hold job. Her son Gajendra followed the trolley for quite some distance. When the informant was returning home at about 06:00 P.M. as soon as, she reached near the jungle of Forest Department, the accused Kishore caught her with bad intention and on the point of country made pistol, forcibly raped her and shattered her reputation. She raised hue and cry at which her son Gazendra Singh who was returning from the Paltoon Bridge, saved her from the appellant. The appellant was apprehended on the spot but he pushed the son of the victim and fled away. The son of the victim brought her mother back to his house with a lot of difficulties. The son of the informant also saw the appellant raping the victim. The victim told the incident to her husband and on the next day, she went with her husband to the Police Station Bachraiyoon and submitted a written report against the accused but no action was taken in the matter. At this the informant personally presented an application to the S.P., District J.P. Nagar on 27.01.2011 and also sent a copy thereof by registered post. But no action was taken in the matter. Hence, she moved an application under Section 156(3) Cr.P.C. before the court on 29.01.2011.

(3.) On the basis of this application a case was registered against the accused, investigation of which was entrusted to PW-3 S.I. Virendra Kumar on 11.03.2011 and on the same day, he copied the chick report and G.D. in the case diary. He recorded the statement of the Constable who scribed the chick, inspected the spot on the pointing out of the victim and proved the site plan as Exhibit Ka-2. On 15.03.2011, the affidavit of the informant and the witnesses were received by him which were copied in the case diary. The statements of the witnesses were recorded in the case diary. On 17.03.2011, the medical report of the victim was copied in the case diary. On 31.03.2011, the accused surrendered before the court, the rob kar regarding his attendance dated 01.04.2011 was received which was copied in the case diary. On 08.04.2011, the supplementary report of the victim was received which was copied in the case diary. On 12.04.2011, the statement of the accused was recorded and the investigation ended into a charge sheet which was proved by this witness as Exhibit Ka-3. The chick report was proved by this witness as Exhibit Ka-4 and the copy of G.D. was proved by this witness as Exhibit Ka-5. The victim was medically examined by PW-4 Dr. Sujata Gautam on 15.03.2011 at 12:10 P.M. The doctor did not find any external or internal injuries on the body of the victim. The doctor has prepared two slides of vaginal smear and sent it for examination. The doctor proved the medical report as Exhibit Ka-6 and the supplementary report as Exhibit Ka-7.