RAM HARSH PAL Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal against judgment and order dated 20.1.2012 passed by Sessions Judge, Rae Bareli in Sessions Trial No. 111 of 2009 arising out of Case Crime No. 664 of 2007 under Sections 376/109,313/114, 504 & 506 I.P.C., Police Station Bhadokhar, District Rae Bareli whereby convicting appellant-accused Ram Harsh, Sessions Judge, Rae Bareli has sentenced him for seven years of rigorous imprisonment and fine of Rs. 2,000/- under Section 376 I.P.C. and two years of rigorous imprisonment and fine of Rs. 500/- under Section 506 I.P.C. in default of payment of fine appellant-accused has been awarded one year and three months rigorous imprisonment respectively. Co-accused Smt. Shanti Devi has been acquitted of all the charges leveled against her.

(2.) Name of the victim is not being disclosed in the judgment to maintain anonymity of the victim as directed by Hon'ble Supreme Court in Delhi Domestic Working Vs. Union of India and others, 1995 1 SCC 14.

(3.) Brief facts, giving rise to this appeal, as revealed from written complaint (Exhibit Ka-1) are that daughter of the complainant (here-in-after called prosecutrix) aged 14 years had gone to house of Smt. Shanti Devi, sister-in-law of the complainant in Village Pure Thakurain Mazare Bela Bhela District Rae Bareli, to live with her and help her in domestic work for some time. Smt. Shanti Devi was in live-in- relationship with co-accused Ram Harsh son of Khushi Ram who was living with Smt. Shanti Devi at her residence. While victim was at the residence of Smt. Shanti Devi, accused Ram Harsh started committing rape on her. When the victim came to complainant's (her mother) house on 14.08.2008 she disclosed the factum of rape to her mother. She also told the complainant that accused Ram Harsh had threatened her not to disclose the incident, otherwise she would be killed. Thereupon the complainant submitted a written complaint (Exhibit Ka-1) in police station Bhadokhar. On the basis of written complaint (Exhibit Ka-1), First Information Report under Sections 376 & 506 I.P.C. was lodged at Crime No. 664 of 2007 in Police Station Bhadokhar District Rae Bareli. Copy of First Information Report is Exhibit Ka-6. Copy of the G.D. showing corresponding entries is Exhibit Ka-7. The investigation was handed over to Sub Inspector Ramesh Chandra Pandey. During investigation prosecutrix was medically examined, which is Exhibit Ka-3, X-ray report, Pathological report and Supplementary report are Exhibits Ka-2, Ka-4 and Ka-5 respectively. Site Plan-Exhibit Ka-8 was also prepared on the pointing out of the complainant. Supurdiginama (Exhibit Ka-10) and age certificate (Exhibit Ka-11) are also filed by the prosecution. The investigation culminated into filing of charge-sheet against appellant-accused Ram Harsh Pal under Sections 376, 506 & 313 I.P.C. and against non appellant accused Smt. Shanti Devi under Sections 504 & 506 I.P.C., which are Exhibit Ka-9 and Exhibit Ka-11 respectively.