AJAY KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 16.05.2013 passed by the Additional District & Sessions Judge/Special Judge (Gangster Act), Court No. 5, Bulandshahr, in Sessions Trial No. 129 of 2010 (State vs Ajay Kumar), arising out of Case Crime No. 764 of 2009, under Sections 376, 506 IPC, Police Station Sikandarabad, District Bulandshahr, whereby, the accused appellant Ajay Kumar has been convicted and sentenced to two years' simple imprisonment and a fine of Rs. 1000/- under Section 376 IPC with default stipulation.

(2.) The brief facts giving rise to the present appeal are that on 01.10.2009, an application under Section 156(3) Cr.P.C. was moved by the victim stating that Ajay Kumar, son of Dileep, resident of Mohalla Khatrivara near godown, Kasba/Police Station Sikandarabad, District Bulandshahr had made physical relation with her forcibly. When the victim threatened to make complaint, the accused gave assurance to her that he will marry her. At that time, the victim was minor. Since then accused-appellant used to rape her forcibly on the pretext of marriage. On 18.09.2009 at 10.00 A.M., the victim went to the house of the accused. At that time, accused was alone in the house. On being inquired by the victim as to when accused will marry her, accused refused to marry her. When the victim asked the accused as to why he played with her sentiment, he again committed rape on her forcibly and threatened her that if she would report the matter to anyone, he will eliminate her along with her family. The victim narrated this fact to her father and went to the police station to lodge the report. When her report was not lodged, he made an application to the Senior Superintendent of Police, Bulandshahr. When no action was taken by the S.S.P., Bulandshahr, the victim moved an application under Section 156(3) Cr.P.C. On the basis of the order passed on the application under Section 156(3) Cr.P.C., the FIR was lodged at case crime No. 764 of 2009, under Sections 376 and 506 IPC.

(3.) After the registration of the case, the investigation of the case was entrusted to S.I., Chandan Singh, who copied the chik FIR, order of the court in the case diary and recorded the statements of the victim and other witnesses. On 28.10.2009, he got the medical examination of the victim conducted. On 09.11.2009, on the order of the Senior Superintendent of Police, Bulandshahr, the investigation of the case was transferred to S.I., Rakesh Kumar Paliwal. After that on 12.11.2009, he inspected the spot and prepared the site plan, which he proved as Exhibit Ka-9. He also got the statement of the victim under Section 164 Cr.P.C. recorded. He also arrested the accused. After completion of the investigation, he submitted the charge sheet against the accused-appellant, which he proved as Exhibit Ka-10.