HANEEF Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 25.07.2015 passed by the learned Additional Sessions Judge/Special Judge, SC/ST Act, Kannauj in Special Session Trial No. 183 of 2012 (State Vs. Hanif) arising out of the Crime No. 116 of 2012 under Section 376 IPC, 3(ii)(v) SC/ST Act, Police Station Gursahaiganj, District Kannauj whereby the accused was found guilty and convicted under Section 376 IPC read with Section 3 (2) (v) SC/ST Act and sentenced to 10 years' rigorous imprisonment and a find of Rs.5,000/- with default stipulation.

(2.) Brief facts of the case are that Ishwar Dayal got lodged a written report at Police Station Indergarh, District Kannauj stating that on 28.03.2012 near the house of Prem Singh, the function of Bhagwat was being going on. His minor daughter aged about four years had gone to see Bhagwat function. He was present at the house. At 2 o'clock in the day time, he heard the shouting of some people, then he also ran towards the hut behind the house of Prem Singh. Abhinesh, Raj Bahadur and other villagers also reached there. They all saw that Hanif, servant of Ram Naresh was raping his minor daughter aged four years. On seeing them, Hanif fled away. He was apprehended and the child was brought along with her mother to the police station where report was got lodged. Dr. Seema Shukla PW-4 medically examined the victim and proved the medical examination report as Ext. Ka-2 and the ossification report as Ext. Ka-3. She found the following injuries on the body of the victim :-

(3.) Constable Mulayam Singh prepared the chik report and scribed the GD which were proved as Ext. Ka-4 and Ka-5. Investigation was entrusted to PW-6 SI Munnu Lal Verma who recorded the statement of witnesses, inspected the spot at the pointing out of the informant, which was proved as Ext. Ka-6. The victim was sent for medical examination. The investigation ended into a charge sheet, which was proved by this witness as Ext. Ka-7. PW-7 Dr. R.D. Gautam conducted the ossification test on the victim and proved the report as Ext. Ka-8 and the X-ray plate as Ext. Ka-9.