SURENDRA NAT Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 19.11.2014 passed by Shri Sudhir Kumar- II, learned Additional Sessions Judge, Court No. 1, Hamirpur in Sessions Trial No. 103 of 2011 (State vs Surendra Nat) arising out of Case Crime No. 525 of 2011, under section 376 IPC, police station Rath, district Hamirpur, whereby the accused Surendra Nat was found guilty under section 376 IPC and was sentenced to ten years' rigorous imprisonment with a fine of Rs. 20,000/- with default stipulation. Out of fine Rs. 10,000/- was directed to be paid to the victim.

(2.) Filtering out unnecessary details, the prosecution case is that the informant Ghanshyam Nagar lodged a report that his niece was residing for the last one month at village Tuka with her mother. On 18.03.2011 at 8.30 p.m. she went to attend the call of nature, on the way the accused dragged the victim to the nearby field and raped her. During that period the mother of the victim had gone to village Bhadar, district Chhatarpur to look after her farms. On 19.03.2011 when the mother of the victim returned, the victim told her about the complete occurrence. Being of the same community, the accused kept on misleading the mother of the victim. On 25.03.2011, the mother of the victim informed her brother at Bhopal, who lodged the report on 25.03.2011.

(3.) The victim was medically examined by Dr. Kiran Sachan, PW-3, who proved the medical report as Ext. Ka-3. She did not find any external or internal injury on the body of the victim. She also proved the supplementary medical report as Ext. Ka-3. PW-4 is Dr. Gyanendra Nikhra, the radiologist, who conducted the ossification test of the victim and proved the radiological report as Ext. Ka-4. The chik report of the case was prepared by the Constable 722 Pushpendra Kumar, PW-5, who proved the chik report as Ext. Ka-5 and copy of the G.D. was proved as Ext. Ka-6. Investigation was entrusted to PW-6 Dilip Kumar Saini, who copied the FIR in his case diary on 25.03.2011. He recorded the statements of the chik writer, mother of the victim and the victim. He inspected the spot on 26.3.2011 with the assistance of the victim, prepared the site plan and proved it as Ext. Ka-7. On 28.03.2011, the accused was arrested and arrest memo was prepared and proved it as Ext. Ka-8. On the same day, he took into custody the undergarments of the accused and sealed it on the spot, prepared its memo, which was proved as Ext. Ka-9. On 29.03.2011, he took into possession the panty and salwar, which the victim was wearing at the time of occurrence, which was stained with blood and semen. A recovery memo was prepared about sealing these clothes, which was also proved as Ext. Ka-10. Thereafter, the statements of the witnesses Kali Charan and Ghanshyam were recorded. On 01.04.2011, the medical report of the victim was obtained, which was copied in the case diary. This witness proved the clothes as material Exts. 1, 2 and 3. After this, this witness was transferred from the police station. The remaining investigation was carried out by PW-7 SSI, Mohammad Iqbal. He went through the investigation carried out by his predecessor. On 19.05.2011 he sent the articles to the forensic lab for chemical analysis and submitted the charge sheet against the accused, which was proved as Ext. Ka-11.