ASRAF Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 31.10.2015 passed by the learned Additional Sessions Judge/Fast Track Court, Gautam Budh Nagar in Sessions Trial No. 513 of 2012 arising out of Case Crime No. 574 of 2012, under Ss. 307, 376/511 IPC, PS Sector 20, NOIDA, Gautam Budh Nagar, whereby the appellant Asraf has been convicted and sentenced to three years' rigorous imprisonment and a fine of Rs. 25,000/ - under Sec. 307 IPC; four years' rigorous imprisonment and a fine of Rs. 25,000/ -under Sec. 376/511 IPC with default stipulation.

(2.) Filtering out the unnecessary details, the prosecution case is that a written report Ext. Ka -1 was given by the victim -PW 1 (elder daughter of the accused) after getting the same scribed by Saleem Akhtar, resident of Kani Nagar, Gali No. 5, to the Station Officer, Sector 20, NOIDA, Gautam Budh Nagar mentioning therein that his father has been harassing her mother Sultana for the last five years. He also beat her. Her father also pressurized her for making sexual relation. He also has an evil eye on his younger sister. On resistance, today i.e. 28.06.2012 at 11.00 a.m. her father, in order to kill, assaulted her mother on her neck by knife. When her mother tried to save herself, she received injuries of knife on her hand and body. When the victim, PW -1 tried to save her mother, she was kicked on her stomach by her father and threatened to kill her. It is also mentioned in the report that her father stays with pick pocketer. It is also mentioned that she came to lodge the report after getting her mother hospitalized. On the basis of the aforesaid report, a chik FIR, Ext. Ka -7 was registered at 14.40 hours on 28.06.2012, on the basis of which case crime No. 574 of 2012, under Sec. 307, 376/511 IPC was registered, which was entered into G.D. vide report No. 35, Ext. Ka -8.

(3.) After registration of the case, the investigation of the case was entrusted to S.I., Balwan Singh, PW -5. He copied the chik report, written report and FIR in the case diary and recorded the statement of chik writer, victim, PW -1 and another victim, PW -3, (the younger daughter of the accused) and inspected the spot and prepared the site plan and proved it as Ext. Ka -5. On 29.06.2012, he arrested the accused and recorded his statement. On 22.09.2012, he perused the medical report of the victim, wife of the accused, PW -2 and after completing the investigation, he submitted the charge sheet against the accused, Ext. Ka -6.