RENU JATAV Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in these appeals is to the judgment and order dated 15.01.2014, passed by Special Judge, SC/ST (P.A.) Act / Additional Sessions Judge, Etawah, in S.T. No. 01 of 2012 (State vs. Kishan Kumar @ K.K. Tripathi and others), arising out of Case Crime No. 250 of 2011, under Sections 328, 342, 406, 506(2), 376 read with Section 120-B Indian Penal Code, 1860 (hereinafter referred to as I.P.C.) and 376 read with Section 3(2)(v) SC/ST Act, Police Station Ekdil, District Eatwah, whereby the accused-appellants were found guilty. The accused appellant Kishan Kumar was sentenced to 5 years' rigorous imprisonment along with fine of Rs. 2500/- under Section 328 I.P.C.; 1 year rigorous imprisonment under Section 342 I.P.C.; 3 years' rigorous imprisonment under Section 506(2) I.P.C. and 10 years' rigorous imprisonment along with fine of Rs. 20,000/- under Section 376 I.P.C. Further, the accused appellant Smt. Renu Jatav was sentenced to 1 year rigorous imprisonment under Section 342 I.P.C. and sentenced to 7 year rigorous imprisonment along with fine of Rs. 10,000/- under Section 376 read with Section 120-B I.P.C., with default stipulation.

(2.) Filtering out the unnecessary details, the prosecution case in brief is that a written report was lodged by the victim through an application under Section 156(3) Cr.P.C. stating that on 13.04.2011 at 11:00 A.M., her husband had gone to Etawah to do labour work. At that time, the accused appellant Renu came to her house and said that the husband of the victim had fallen down from a high wall and he has sustained serious injuries and he was with some doctor at Etawah. She also asked the victim to have money, jewellery at which the victim took Rs. 22,000/- coupled with a pair of golden earrings , one golden chain weighing 2 tolas, 4 golden rings and one golden Mangalsutra. As soon as, she reached Manikpur road, Renu made her sit in tempo in which the accused appellant Kishan Kumar was sitting. Renu and Kishan Kumar (accused-appellants) conversed with each other which the victim could not understand. When the victim sat in the tempo, Sarnaam, Surendra Singh and Satya Prakash saw them. As soon as, the tempo proceeded towards Etawah, Kishan Kumar offered the victim a Pepsi. She drank Pepsi and became unconscious. After one day, she gained consciousness and found herself locked in a room, where Kishan Kumar raped her against her wishes. She raised hue and cry, he threatened to kill her. He also threatened to kill her husband, if she told anything to anybody. Kishan Kumar and Smt. Renu Jatav took away Rs. 22,000/- and Jewelleries brought by her. On the third day, the victim made many requests and said that she would not ask for her money and jewellery and would not say about the incident to anybody and requested that she be sent to her husband and she wanted to know as to how her husband was. At this, the accused said that her husband had not sustained any injuries. Since, Renu and Kishan Kumar had illegal relations, due to which as a conspiracy, her money and jewellery was taken away and she was got raped by Kishan Kumar. On 16.04.2011, when she reached home, she told the whole incident to her husband and family members. At this, an application was moved by her husband at which, the police did not take any action. The accused and police were in collusion with each other, hence no action was taken in the matter, nor the victim was got medically examined, nor the case was registered. Hence, she moved an application under Section 156(3) Cr.P.C. and this application was ordered to be registered as an FIR by the Magistrate.

(3.) The prosecution examined as many as six witnesses. PW-1 is the victim, who proved the copy of the report sent to the S.S.P. as Exhibit Ka-1 and the application moved under Section 156(3) Cr.P.C. as Exhibit Ka-2 and her statement recorded under Section 164 Cr.P.C. as Exhibit Ka-3. PW-2 is Sarnaam Singh, who is said to have seen the victim in the tempo with Renu and Kishan Kumar. PW-3 is Satya Prakash, who has also said to have seen the victim and the accused persons sitting in the tempo. PW-4 is Dr. N. Dixit, who medically examined the victim. She did not find any internal or external injuries on the body of the victim. Her Vagina was admitting two fingers easily. Her hymen was old torn. This witness proved the medical report as Exhibit Ka-4 and the supplementary report as Exhibit Ka-5. No dead or alive spermatozoa were found in the vagina. PW-5 is Constable Govind Singh, who scribed the chik report which was proved by this witness as Exhibit Ka-9 and the copy of G.D. was proved as Exhibit Ka-10. PW-6 is S.I. M.P. Salonia, C.O., who copied the report in the case diary, inspected the spot, prepared the site plan and proved it as Exhibit Ka-6. The evidence against the accused Smt. Renu Jatav was not found under Section 376 I.P.C. This witness has further copied the statement of the victim recorded under Section 164 Cr.P.C. on 22.07.2011. He further recorded the statements of Ashok Kumar, Satya Prakash and Sarnaam Singh. On the next day, he recorded the statements of Surendra Singh, copied the medical report of the victim in the case diary, recorded the statement of the doctor and submitted charge-sheet against the accused-appellants which was proved as Exhibit Ka-7 and Exhibit Ka-8.