KISHNEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the Judgment and order dated 21.10.2009 passed by the Additional Sessions Judge, Court No.5, Banda in S.T. No. 73 of 2008 (State Vs. Kishney) arising out of Crime No. 21 of 2008 Police Station Baberu, District Banda whereby the accused appellant was found guilty under Section 376 I.P.C. and was sentenced to undergo ten years rigorous imprisonment and fine of Rs.10,000/- with default stipulation.

(2.) As per the prosecution case, the informant Seelam lodged a written report at the police station stating that her niece aged seven years resident of Palhari Police Station Bisanda District Banda was going from the house of the informant on 9.1.2008 towards the 'bada' (pen). Suddenly, the accused appellant Kishney enticed her to his house and raped her. He was trying to find a 'hansia' (sickle) to kill her. Suddenly, the victim found opportunity and ran out. She reached home. The informant saw that she was bleeding. Witnesses Nand Kishor and Dev Kumar Patel were present at the house who saw the injuries of the victim. Hence, F.I.R. was lodged.

(3.) Investigation was entrusted to S.I.Hem Raj Yadav (P.W.6). He copied the copy of the chik report in the case diary, recorded the statement of the victim and other witnesses. The statement of the witnesses recorded by this witness under Section 161 Cr.P.C. in the case diary was copied by the witness and submitted in the court which was proved as Ext. Ka-7. On the same day at the pointing out of Raj Rani and the informant, he inspected the spot, prepared the site plan which was proved as Ext. Ka-8. On 10.1.2008 he arrested the accused and recorded the statement. On 11.1.2008 the medical report of the victim was copied in the case diary. The blood stained panty, skirt and shirt of the victim was taken in possession. The document was prepared by Constable Satya Narayan Tiwari, which was proved by this witness as Ext. Ka-9 and the clothes of the victim were proved as material Exts. 2, 3 and 4. On the same day, the statement of Constable Ravi Kant Yadav was recorded. On 1.2.2008 the supplementary medical report was copied in the case diary. On 9.2.2008 charge sheet was submitted against the accused persons which was proved as Ext.Ka-10. Constable 319 Rama Kant Yadav (P.W.5) prepared the chik report on the basis of the written report which was proved as Ext.Ka-5. This witness further proved copy of G.D. as Ext.Ka-6. Victim was medically examined by P.W.3 Dr. Bhawana Sharma, who found an abrasion 2c.m. X 2c.m. on the right cheek of the victim. On internal examination 1c.m. laceration was seen at 6 O'clock position on vagina. The hymen was torn and bleeding was present. The blood stained clothes were handed over to the police. This witness proved the medical report as Ext.Ka-2. P.W. 4 is Dr. Gyanendra Nikhra who conducted the ossification report which was proved as Ext.Ka-4. The X-ray plate was proved as material Ext.1.