RAJ KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment and order of conviction dated 06.06.2005 passed by the Additional Sessions Judge, Court No.3, Bulandshahr, in Session Trial No.302 of 2005 (State of U.P. Vs. Raj Kumar), arising out of Case Crime No.332 of 2004, under Section 376 I.P.C. whereby the appellant Raj Kumar has been convicted under Section 376(2)(f) IPC and sentenced to imprisonment for life with a fine of Rs.10,000/-, in case of default in payment of fine, the appellant will have to suffer additional simple imprisonment for two years.

(2.) Briefly stated factual matrix of this case, as discernible from the record appears to be that the complainant Smt. Meena wife of Naresh Singh, resident of village-Garhara lodged a written report at police station Kotwali Anoopshahr on 30.11.2004 at 2.00 a.m. whereby it was alleged that in her village Garhara, 'Rasleela' (stage show on Lord Rama and Krishna) was about to commence. On 29.11.2004, the appellant Raj Kumar, a friend of her husband, came to his house around 8.30 p.m. and took away her daughter Aarti aged about 7 years with him for watching 'Rasleela'. The complainant sent her daughter with the appellant Raj Kumar, who took the victim behind the 'Madai' (hut) of Yogendra Singh in the village and committed rape upon her forcibly. During course of commission of offence, the victim screamed, whereupon the two persons Harkesh son of Krishna Pal and Satpal son of Pahalvan Singh, who were going to see 'Rasleela', were attracted to the spot from where shrieks was raised. As soon as they arrived at the spot, they saw the appellant Raj Kumar forcibly committing rape upon the victim. They caught the appellant Raj Kumar on the spot and also rescued the victim, who was seeped in blood. They came back to village along with victim and the appellant where the villagers after coming to know about the crime gave severe beating to appellant Raj Kumar, thereafter report was written and lodged at the concerned police station and the appellant was also taken to the police station along with the victim. It was requested that report be lodged and proper action be taken.

(3.) This written report is Exhibit Ka-3 on record. Entry whereof was made in the relevant Chik FIR registered at Case Crime No.332 of 2004, under Section 376 on 30.11.2004 at 2.00 a.m. The Chik FIR is Exhibit Ka-4. Thereafter relevant entries were made in the concerned GD and the case was registered and the investigation was carried out.