DHARMENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 28.1.2014 passed by Special Judge S.C./S.T. Act/Additional Sessions Judge in Special Criminal Case No. 91 of 2006 (State v/s. Dharmendra) arising out of Crime No. 80 of 2006, under Sec. 376 I.P.C. and Sec. 3(2)(5) S.C./S.T. Act, Police Station -Badausa, District -Banda, whereby the accused was found guilty under Sec. 376 I.P.C. and was sentenced to 10 years rigorous imprisonment and fine of Rs. 10000/ - with default stipulation.

(2.) As per the prosecution case, report was lodged by Naraina stating that he is the resident of Village -Dimarauvapurva Majra Pauhar. On 31.8.2006, his daughter aged about 20 years went to chop the fodder from her fields, when she was chopping fodder, the accused caught her from behind, he dragged her and raped her against her wishes. The victim raised hue and cry, but nobody came to the spot. The victim came home and narrated the whole incident. The occurrence took place on 31.8.2006 at about 11/12 in the day time, hence F.I.R. was lodged. Rajendra Singh Solanki, S.I. P.W. 3 who was at the relevant time posted at the police station as Head Constable proved the chik report as Exhibit Ka -3. He further scribed the G.D., which was proved as Exhibit Ka -4.

(3.) The victim was examined by Dr. Anita Sagar, who proved that there were no injuries on the external part of the body. There were no injuries on the over vulva, vagina, labia majora, miners and clitoris. Hymen was torn and the vagina was admitting two fingers easily. The Doctor found cervical erosion and also found 2 -3 cms cervical tear on posterior side, which was stitched by the Doctor. The Doctor proved the medical report as Exhibit Ka -5 and Pathological report as Exhibit Ka -6 and supplementary report as Exhibit Ka -5.