KANJARA Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 28.07.2008, passed by Sri Shushil Kumar Rastogi, A.D.J./F.T.C., Court No. 1, Kanpur Dehat, in Sessions Trial No. 382 of 2007 (State vs. Kanjara), arising out of Case Crime No. 187 of 2007, under Section 376 I.P.C., Police Station Shivali, District Kanpur Dehat, whereby the accused appellant was found guilty under Section 376 I.P.C. and sentenced to ten years rigorous imprisonment with fine of Rs. 2000/- with default stipulation.

(2.) According to the prosecution case, the victim has lodged the first information report at Police Station Shivali on 07.08.2007 at 11:20 A.M. stating that she was returning home with her goat. Suddenly, near the grove, the accused dragged her, gagged her mouth and raped her. She is 12 years of age, whereas the accused is 21 years old. When she tried to raise alarm, the accused raised the volume of radio and threatened her, hence she lodged the first information report.

(3.) On the basis of first information report, PW-4 Constable Maan Singh scribed the chick report which was proved as Exhibit Ka-4. This witness further scribed the G.D. whose copy was proved as Exhibit Ka-4. Investigation of the matter was entrusted to PW-5 S.I. Ramveer Singh. He copied the first information report in the C.D., recorded the statements of the victim, her mother and father. He inspected the spot at the pointing out of the victim and prepared the site plan which was proved as Exhibit Ka-6. Further this witness copied the medical report of the victim and X-ray report and submitted charge sheet against the accused which was proved as Exhibit Ka-7. Dr. R.K. Srivastava, PW-6 has proved the X-ray report as Exhibit Ka-8 and the X-ray plate as material Exhibit-1.