VIRENDRA Vs. STATE OF U P

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 04.06.2012 passed by the learned Additional Sessions Judge, Court No. 5, Kanpur Nagar in ST No. 967 of 2009 (State Vs. Virendra), arising out of Crime No. 72 of 2009 under Sections 354, 376, 306 IPC, Police Station Sachendi, District Kanpur Nagar whereby the accused appellant was found guilty and sentenced to two years' rigorous imprisonment under Section 354 IPC; seven years' rigorous imprisonment and Rs.5,000/- fine under Section 376 IPC and ten years' rigorous imprisonment and Rs.5,000/- fine under Section 306 IPC with default stipulation.

(2.) Filtering out the unnecessary details, the prosecution case in brief is that a report was lodged with the concerned Police Station Sachendi, District Kanpur nagar stating that on 09.02.2009, the daughter of informant aged 16 years at 6:00 AM went near her house to attend the call of nature in the fields. When she was returning home after easing herself, on the way she met the accused Virendra who caught her and started sexually molesting her. When the girl raised alarm, many people reached on the spot, at which accused Virendra fled away. When the girl reached home, she sprinkled kerosene oil on her body and set herself ablaze due to shame. The girl was badly burnt. Even thatch of the house was also burnt. Hence the report was lodged. On the basis of this report chik FIR was scribed by PW-7 Mohibuddin Siddiqi, who proved the chik report as Ext. Ka-5 and the copy of the GD as Ext. Ka-6. On 09.02.2009, her dying declaration was recorded by Praveena Agrawal, PW-4, Additional City Magistrate-IV, Kanpur Nagar between 10:55 PM to 11:05 PM. This witness proved the dying declaration as Ext. Ka-2. PW-8 Dr. Kanchan Lata Srivastava medically examined the victim. She did not find any mark of injury on her body, except the upper part of her face on the right side, whole body including the lower part was completely burnt. Foley catheter was found to collect urine. Since the lower part of the body was burnt, she could not be internally examined. Two slides were prepared and sent for pathological examination. The vaginal orifice was admitting one finger. This witness proved the medical report as Ext. Ka-7 and the pathological report as Ext. Ka-8. Dr. R.K. Khanna, PW-11, conducted post-mortem report on the corpse of the deceased. He found the following ante-mortem injuries on the body of the deceased:-

(3.) On internal examination both the lungs were found congested and flaque of puss was found in both the lungs. The liver was congested. The pleura, spleen and Kidney were found congested. The doctor opined the cause of death septicemia as a result of ante-mortem burn injuries. The doctor proved the post-mortem report as Ext. Ka-9.