VIMLESH Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 09.10.2014 passed by Special Judge, POCSO Act/Additional Sessions Judge, Court No. 1, Kannauj in Special Session Trial No. 9 of 2014 (State Vs. Vimlesh), arising out of Crime No. 73 of 2014, Police Station Thathia, District Kannauj under Section 376 IPC and Section 4 POCSO Act whereby the accused was found guilty and sentenced to seven years' rigorous imprisonment and fine of Rs.2,000/- under Section 376 IPC read with Section 4 POCSO Act with default stipulation.

(2.) Brief facts of the case are that a written report was lodged by the victim on 18.03.2014 stating that she is a resident of Ghoorpur Simaria, police station Thathia, District Kannauj. On 18.03.2014 at 9 o'clock, she had gone to the fields to attend the call of nature. Suddenly, Vimlesh who is nephew of Rajesh son of Arvind, resident of Kabirapur, Thana Gursahaiganj, District Kannauj came near the victim. He dropped her down and Vimlesh raped her against her wishes. When the victim raised hue and cry, many villagers came, at which accused Vimlesh fled away. Occurrence was witnessed by the villagers. On the basis of this written report, Constable 667 Milan Devi, PW-4 scribed the chik report which was proved by this witness as Ext. Ka-4. Further this witness scribed the GD, which was proved by her as Ext. Ka-5. Dr. Manpreet Kaur, PW-3, medically examined the victim. She did not find any external or internal injury on the body of victim. The hymen was old torn. Vaginal smear slides were prepared. The victim was sent for determination of age and ultra-sound. The medical report was proved by this witness as Ext. Ka-2. No sperms were found. This witness further proved the supplementary report as Ext. Ka-3. The age of victim was opined between 14 -16 years.

(3.) Investigation was conducted by Station Officer BL Yadav. He copied the first information report and chik report in the case diary. Constable Milan Devi took the undergarments of the victim which had semen like stains. The underwear was sealed. Memo was prepared. It was signed by the victim and witnesses, which was proved as Ext. Ka-2. The statement of victim was recorded. Its video-graphy was done. Recovery memo was prepared and proved by this witness as Ext. Ka-6. The victim was sent for medical examination. Further, the accused was arrested. His statement was recorded. Hairs from private parts of the accused were collected. Recovery memo was prepared, which was proved as Ext. Ka-7. The site plan was prepared by this witness, which was proved as Ext. Ka-8. The statement of victim was got recorded under Section 164 Cr.P.C. It was copied in the case diary. Thereafter, supplementary statement of the victim was recorded. Investigation ended into a charge sheet, which was proved by this witness as Ext. Ka-9. Besides this witness, the victim was examined as PW-1, who proved the written report was Ext. Ka-1.