ROSHAN ALI Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 25.07.2012, passed by Additional District & Sessions Judge, Court No. 8, Bijnor, in S.T. No. 944 of 2010 (State vs. Roshan Ali), arising out of Case Crime No. 85 of 2010, under Sections 376, 506 and 312 I.P.C., Police Station Nangal, District Bijnor, whereby the accused Roshan Ali was found guilty and sentenced to 8 years rigorous imprisonment along with fine of Rs 5000/- under Section 376 I.P.C. with default stipulation. However, the accused was acquitted for the charges punishable under Sections 506 and 312 I.P.C.

(2.) Filtering out unnecessary details, the prosecution case in brief is that a written report was lodged by the informant Hadeyhasan stating that he lives out of the city to do labour work. His minor daughter aged about 14 years lives in village Saidpuri. The appellant Roshan Ali on the pretext to marry his daughter and continuously raped the daughter of the informant who was two months' pregnant. The appellant refused to marry the victim. On 04.08.2010, the accused appellant abused the informant and his daughter and threatened to kill them, hence the first information report was lodged.

(3.) The victim was medically examined by Dr. Savita Gupta, PW-4 who did not find any external or internal marks of injury on the body of the victim. The vagina was admitting two fingers easily. The hymen was old, torn and healed. This witness has proved the medical report as Exhibit Ka-2 and the radio-logical report as Exhibit Ka-3. The age of the victim was opined to be about 18 years. Beside this witness, the prosecution examined PW-1 the victim. PW-2 is Hadeyhasan, the informant and father of the victim, who proved the first information report as Exhibit Ka-1. PW-3 is Ali Hasan, who is said to be the witness of threatening by the accused. PW-5 is I.O. Nanak Chandra, who recorded the statements of the chik writer. He copied the chik in the case diary. Further, he recorded the statement of the victim, witness Ali Hasan and Kamurul, prepared the site plan at the pointing out of the victim, which was proved by this witness as Exhibit Ka-4. After the victim was medically examined, he copied the medical report in the case diary. He also copied the radio-logical report in the case diary. The statement of the accused was recorded in jail. The investigation ended into a charge sheet, which was proved by this witness as Exhibit Ka-5. This witness further proved the chik report as Exhibit Ka-6 and copy of G.D. as Exhibit Ka-7.