SURAJ MAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 12.11.2014 passed by Chawan Prakash, Additional Sessions Judge, Court No. 4, Sultanpur in S.T. No. 112 of 2012 (State Vs. Suraj Mal) arising out of crime No. 363, 366 and 376 I.P.C., Police Station Rampur, District -Saharanpur whereby the accused Suraj Mal was found guilty under Ss. 363, 366 and 376 I.P.C. and was sentenced five years imprisonment under Sec. 365 I.P.C. and Rs. 1000/ -fine, five years imprisonment under Sec. 366 I.P.C. and Rs. 1000/ - fine and was sentenced to seven years rigorous imprisonment and fine of Rs. 2000/ - under Sec. 376 I.P.C. with default stipulation.

(2.) Filtering out unnecessary details, the prosecution case in brief is that the victim herself lodged a written report before the Station Officer stating that she belonged to village Jankheda, Police Station -Rampur, District -Saharanpur. The accused Suraj Mal belonged to the same village who called her on the pretext that her mother was sick at Saharanpur. He took her by Car and she was kept wandering about in the Car the whole night with the accused who raped her many times. The victim requested the accused to take her to her mother, but he kept roaming with her and raped her all night on 29.9.2011.

(3.) On the next day i.e. on 30.9.2011 at 8:30 a.m. the accused left the victim between village Sikheda and Jankheda, thus the victim reached her house. Investigation of the matter was entrusted to S.I. Ravindra Singh. The case was registered in the presence of this witness. He recorded the statement of constable clerk Arvind Kumar and the victim. The clothes of the victim was called for, but she refused to give her clothes on the pretext that she did not have other clothes to wear.