VINISH Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 22.03.2013 passed by the learned Special/Additional Sessions Judge, Court No. 4, Saharanpur in Special Sessions Trial No. 435 of 2011 (State v/s. Vinish alias Vinni) arising out of Case Crime No. 193 of 2011, under Ss. 376, 323, 504, 506 IPC and 3(2)(V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station Gangoh, District Saharanpur, whereby the accused appellant Vinish alias Vinni has been convicted and sentenced to seven years' rigorous imprisonment under Sec. 376 IPC read with Sec. 3(2)(V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and a fine of Rs. 20,000/ -, one year's rigorous imprisonment under Sec. 323 IPC, one year's rigorous imprisonment under Sec. 504 IPC and two years' rigorous imprisonment under Sec. 506 IPC with default stipulation. Out of the fine so awarded, 2/3rd of the same was directed to be paid to the victim as compensation.

(2.) In short compass the facts of the case as unfolded by the prosecution in the FIR lodged by the informant Dinesh Kumar, son of Ratan Singh is that on the date of incident, i.e. 29.04.2011, at about 1.00 p.m., the wife of the informant, the victim went to the Gher of her house to give water to the bufallo and as soon as she started to give water to the bufallo, the accused Vinish alias Vinni, who was resident of his village and one unknown person, who was hiding in the premises before hand armed with country made pistol came there and on the point of country made pistol and threaten to kill, caught hold of the victim. On her resistance, they torn the clothes of the victim, pulled her down and both of them committed rape on her one by one. On an alarm being raised by the victim, the witnesses Vinod, Ishwar and others rushed to the spot and witnessed the whole incident. On the arrival of the witnesses, both the accused brandishing the country made pistol, threatening to kill and using caste derogatory words like, Chamar and Gittal ran away from the spot. When the informant and his family members made a complaint of the incident to the accused Vinish alias Vinni's father Surendra and uncle Mukesh, then they also abused the informant and used caste derogatory languages and pushed them out of the house by threatening to kill in case any action is taken. The informant got the report scribed by Kaleem Aslam, Ext. Ka -1 and handed over the same to police station Kotwali, Gangoh. On the basis of the written report Ext. Ka -1, the First Information Report, Ext. Ka -7 was registered at 6.15 p.m. at police station Kotwali Gangoh against the accused Vinish alias Vinni and one unknown person under Ss. 376, 323, 504, 506 IPC and 3(1)(12) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(3.) The investigation of the case was entrusted to the Circle Officer, Nakud. The police of concerned police station sent the victim for medical examination to the District Women Hospital, Saharanpur, through lady Constable Asha Devi and Constable 179, Harpal Singh, where she was medically examined on the same day at 11.00 p.m. Two slides of her vaginal smear were made. The victim was thereafter sent to the District Hospital, Saharanpur, where she was medically examined for her injuries on the body.