RAM KUMAR KORI Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 02.02.2015 passed by learned Additional Sessions Judge, FTC, Court No. 36, Barabanki in ST No. 548 of 2007 (State Vs. Ram Kumar) arising out of Crime No. C-8 of 2006, under Sections 376, 506 IPC, Police Station Dariyabad, District Barabanki whereby the accused was found guilty and sentenced to ten years' rigorous imprisonment and Rs.10,000/- fine under Section 376 IPC and three years' rigorous imprisonment and Rs.2,000/- fine under Section 506 IPC with default stipulation.

(2.) Brief facts of the prosecution case are that an application under Section 156(3) Cr.P.C. was moved by the informant on 17.09.2004 stating that on 27.08.2004 at mid night, she was sleeping outside her house in the thatch. Accused Ram Kumar came and behaved indecently with her. The victim wanted to get up and flee away, at which the accused pointed out a country-made pistol at her and said that if she would raise alarm, then, he would kill her. The victim kept quiet out of fear, the accused raped her and threatened to kill her husband if she told about the incident to anybody. The victim told about the occurrence to Devideen, Moti and Juggi Lal but since it was late night she could not proceed to the police station. Husband of the victim who had gone with his ailing uncle (Phupha) to Barabanki to consult Dr. G.B. Singh on the date of occurrence and in the night he stayed there at Barabanki to attend his uncle, came home on the next day, i.e. 28.08.2004 and she narrated the incident to her husband and gave a written report at the police station. The police assured to take a suitable action in the matter. The police went twice to the village, but Ram Kumar was not found. But, the police did not bother to lodge the report of victim or get her medically examined. At which, on 03.09.2004 the victim sent a written report by registered post and by hand to the Superintendent of Police, Barabanki. Since no action was taken in the matter, she moved an application under Section 156 (3) Cr.P.C. On the basis of this application under Section 156 (3) Cr.P.C a case was registered at Crime No. C- 8 of 2006 under Sections 376, 506 IPC.

(3.) The victim was medically examined by Dr. K. Jayshree. PW-4 is Umesh Chand, Pharmacist who proved the medical report as Ext. Ka-9 and the supplementary report as Ext. Ka-10.