RAJA BABU Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 22.01.2013 passed by the learned Additional Sessions Judge, Court No. 4, Agra in Sessions Trial No. 581 of 2009 (State vs Raja Babu) arising out of Case Crime No. 129 of 2009, under section 376 IPC, Police Station Lohamandi, District Agra, whereby the accused-appellant has been convicted and sentenced to ten years' rigorous imprisonment and a fine of Rs. 3000/- under section 376(2)(f) IPC with default stipulation.

(2.) Brief facts of the case are that the informant Ravindra Singh lodged a report at the police station Lohamandi, Agra on 12.04.2009 stating that he along with his family had come to the house of Gabbar Singh, his brother-in-law. On the same day, Raja Babu came to talk about marriage of his daughter with his brother-in-law Gabbar Singh. At that time, the daughter of the informant, aged one year was present there. The accused-appellant Raja Babu took the child in his lap and went out of the house. At 8.30 p.m., on hearing the shrieks of the victim, the informant and his wife Rinki came out of the house, they found Raja Babu carrying the girl in his lap, but the child was bleeding. Many people came from the locality. The accused-appellant was caught hold of and brought to the police station along with the victim and report was lodged.

(3.) On the basis of report, Constable 145 Brijesh Kumar scribed the chik report. He gave the letter for the medical examination to the informant. He proved the chik report as Ext. Ka -4. He also scribed the G.D., which was proved as Ext. Ka-5. Investigation of the matter was entrusted to S.I. Suresh Pal Singh, PW-8, who recorded the statements of parents of the victim. He copied the FIR in the G.D. The accused was arrested at the police station on 12.04.2009 and his statement was recorded. The Investigating Officer inspected the spot and prepared the site plan, which was proved as Ext. Ka-7. He also proved the copy of memo as Exts. Ka-8 and Ka-9 and the investigation ended into a charge sheet, which was proved as Ext. Ka-6. Doctor Shri Ram PW-9 conducted the ossification test of the victim, whose age was determined to be about one year. He proved the ossification report as Ext. Ka-10.