SONU Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the Judgment and order dated 23.3.2013 passed by Sri Jai Sri Ahuja, learned Additional Sessions Judge, Court No. 4, Aligarh in S.T. No. 273 of 2010, State Vs. Sonu, arising out of Crime No. 791 of 2009, Police Station Khair, District Aligarh, whereby the accused Sonu was found guilty under Section 376 I.P.C. and sentenced to ten years rigorous imprisonment coupled with the fine of Rs.10,000/- with default stipulation.

(2.) Filtering out unnecessary details, the prosecution case in brief is that a written report was lodged by the brother of the victim Sonu stating that his sister aged about 17 years was living at Mohalla Bahadurganj with his mother's sister (mausi), namely, Lajja. Since the parents of the informant had died many years back, he himself was doing a job in Madhya Pradesh. His sister was raped by his neighbour Sonu many times after threatening her. When the occurrene was told by the sister of the informant to the parents of the appellant, they assaulted the sister of the appellant and threatened to kill her if she would tell anything. His sister was pregnant due to being raped by the appellant Sonu. She was taken by Sonu, his father Roop Kishor and his mother Sunita to J. N. Medical College, Aligarh where her pregnancy was got aborted due to which condition of his sister deteriorated. When he came home, his sister narrated the whole incident to him, hence, he lodged the report on 12.12.2009.

(3.) On the basis of this report, chik was scribed by Constable 1229 Rakesh Kumar, who prepared the chik report and proved the copy of G.D. as Ext. Ka-3. Investigation of the matter was entrusted to S.I. J.P. Sharma, who commenced the investigation on 16.12.2009. On 17.12.2009, he recorded the statement of the informant, the victim and inspected the spot at the pointing out of the informant. He prepared the site plan which was proved as Ext. Ka-5. On 31.12.2009 he recorded the statement of Rani and Lajja, and the victim was sent for recording her statement under Section 164 Cr.P.C. which was copied in the case diary and on the basis of evidence he submitted charge sheet against the accused which was proved as Ext. Ka-6.