RAM NARESH SONKAR Vs. STATE OF U P

JUDGEMENT

(1.) Mr. Ram Naresh Yadv, learned counsel for the appellant and Mr. Chandra Shekhar Pandey learned A.G.A. for the State were heard at length.

(2.) Under challenge in this appeal is the judgment and order dated 26.8.2004 passed by learned Additional Sessions Judge (Fast Track Court No. 2), Lucknow in Sessions Trial No. 174 of 2004 arising out of Case Crime No. 165 of 2003, Police Station Husainganj, District Lucknow whereby present appellant Ram Naresh Sonkar was convicted for the offence under Section 376 I.P.C. and was sentenced with imprisonment for life and also with fine of Rs. 3,000/- with default stipulation of one year further imprisonment.

(3.) Brief facts of the case, as per prosecution version, are that on 27.5.2003 at 13:10 hours complainant Islam Ahmad lodged an F.I.R. alleging therein that on 26.5.2003 in the evening, there was Dawat-e-Walima of his cousin Ashfaq Ahmad at his residence in which appellant Ram Naresh Sonkar was also invited. At about 9:00 p.m., when guests were taking dinner, accused Ram Naresh Sonkar had taken complainant's younger daughter aged about two and a half year (hereinafter referred as Victim) on the pretext to play with her. He thereafter committed rape on her. Appellant left her weeping at a Takhat, which was kept outside the door, in the presence of witnesses Irfan Ahmad and Rafi Ahmad who asked the appellant as to why the victim was crying. The appellant expressed his ignorance and went away from there. Thereafter mother of the victim came to the spot and found that underwear of the victim was wet and there was bleeding from her private part. She was immediately taken to a private doctor, who stitched the wound of the victim and provided her first aid. The appellant was searched out but he could not be apprehended. On the following morning, at about 12:30 p.m., appellant was arrested from the Tailor shop in Hazratganj where he was working. On the basis of the written report submitted by the complainant, case was registered and victim was referred for medical examination to Women Hospital on 27.5.2003 at 2:30 p.m. In the medical examination, hymen of the victim was found torn. Laceration was present. No spermatozoa or gonococcie was found in vaginal smear slides. No definite opinion regarding rape could be given by the doctor. However, the doctor has opined the possibility of sexual intercourse or an act of similar nature cannot be ruled out. The age of the victim was reported to be about three years.