AKBAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Manish Tiwari, learned counsel for the appellant, Sri J.K. Upadhyay, learned A.G.A. and Smt. Manju Thakur brief holder for the State.

(2.) The appellant Akbar was charged under Sections 376 and 506 I.P.C. for having committed forcible repeated sexual intercourse with the prosecutrix, his daughter-in-law, mother of two children in his house in Meet Nagar Amar Colony near Madeena Masjid, P.S. Loni, district-Ghaziabad about six months before the lodging of the F.I.R. against him by Rais Uddin, father of the prosecutrix at police station-Loni, district-Ghaziabad on 5.7.2008 at about 10:30 pm. On trial the learned Additional Sessions Judge, Court no. 13, Ghaziabad found accused guilty and sentenced him by his judgment and order dated 1.11.2011 to undergo imprisonment for life and a fine of Rs. 40,000/- under Section 376 I.P.C. and 6 years simple imprisonment and fine of Rs. 8,000/- under Section 506 I.P.C. and in case of default of payment of fine of Rs. 40,000/- and 8,000/- additional imprisonment of 8 months and 45 days respectively. Both the sentences were directed to run concurrently.

(3.) The facts of the case are that Rais Uddin, PW1 lodged a written complaint Ext. Ka-1 at police station-Loni, district-Ghaziabad on 5.7.2008 alleging therein that he had got his daughter married to one Azad son of Akbar, R/o Meet Nagar Amar Colony near Madeena Masjid, Ghaziabad according to muslim rites and customs about four years before lodging of the written complaint by him. His daughter had given birth to a male child after two years of her marriage and another male child was born to her about one month's before the incident. The maternal aunt of his daughter had gone to the matrimonial home of his daughter about a week before the lodging of the F.I.R. to meet her for inquiring about her welfare. On meeting her maternal aunt she broke down and told her that her father-in-law had been committing forcible sexual intercourse with her repeatedly and when he tried to have sexual intercourse with her forcibly again about six months before when her second child was about one month's old she saved herself by imploring her father-in-law to have mercy on her condition as she had just given birth to a child. The prosecutrix further informed her maternal aunt that his father-in-law and his other relatives possessed illicit arms and her father-in-law used to commit rape with her frequently by threatening her with his illicit arms and by putting her under the fear of killing her father and brother with the help of his nephew in case she divulged his activities to anyone or refused to succumb to his illegal demands. The prosecutrix requested her maternal aunt to inform her family members about her woeful tale and rescue her from the clutches of her father-in-law. It was further stated in the F.I.R. that neither the prosecutrix nor her one month's old child were being looked after in her matrimonial home and she along with her two sons had been abandoned in a secluded room in her matrimonial house to fend for herself and even her husband Azad who was under the influence of his father and his other family members was not bothered about her and his children and in case her father valued her life at all he should immediately take steps for rescuing her from her matrimonial home and if necessary take police help in this regard as her father-in-law and his other relatives were conspiring to eliminate her. It was also alleged in the F.I.R. that the informant Rais Uddin was compelled to invoke police help for securing the freedom of his daughter from the clutches of her father-in-law and his other relatives who were very dangerous persons were also trying to remarry Azad to someone in village Khekda. On the basis of the aforesaid written complaint Case Crime no. 981 of 2008 under Sections 376 and 506 I.P.C. was registered against the appellant-Akbar. The chick FIR Ext.Ka-5 was prepared by Constable Rajnish Kumar (PW5) and recorded in G.D. at serial number 32 at about 10:30 am. Soon after the registration of the F.I.R. the Investigating Officer Sub Inspector P.R. Riwala (PW6) geared into action and arrested the accused Akbar on the same date and recorded the statements of the informant and the victim. He also inspected the place of incident and prepared the site plan and also recorded the statement of Smt. Lali (PW3). The victim was sent for medical examination with the lady Homeguard Saroj to the District Hospital. The victim was medically examined by Dr. Rita Joshi (PW4) at District Hospital, Ghaziabad on 5.7.2008 at 4 pm and her injury report is on record as Ext. Ka2. Vaginal smears slides of the victim were dispatched to the Pathology Department for ascertaining the presence of sperms. According to the report of the slides of her vaginal smears prepared by Dr. Pramila Gaur on 7.7.2008, Ext. Ka3, no sperms were found in the victim's vaginal smears. The supplementary report of the victim which was prepared by PW4, Dr. Rita Joshi after receiving the pathology report of victim's vaginal smears is on record as Ext. Ka4. The Investigating Officer PW6 after completion of investigation submitted charge sheet against the appellant-Akbar. Charge was framed against the appellant under Sections 376 and 506 I.P.C. on 28.01.2010. The accused denied the charge and claimed trial.