DHRUV BELDAR Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 26.07.2007, passed by Additional District & Sessions Judge, Court No. 11, Gorakhpur, in Sessions Trial No. 68 of 2006 (State vs Dhruv Beldar), arising out of Case Crime No. 790 of 2005, under Sections 363, 366, 376 and 506 I.P.C., Police Station Gorakhnath, District Gorakhpur, whereby the accused-appellant Dhruv Beldar was found guilty and sentenced to undergo one year rigorous imprisonment along with fine of Rs. 500/- under Section 363 I.P.C.; three years' rigorous imprisonment along with fine of Rs. 1000/- under Section 366 I.P.C.; ten years' rigorous imprisonment along with fine of Rs. 3000/- under Section 376 I.P.C. and one year's rigorous imprisonment along with fine of Rs. 500/- under Section 506 I.P.C. with default stipulation.

(2.) Filtering out the unnecessary details the prosecution case in brief is that on 16.10.2005, application was moved before the S.S.P. by the informant Janki Devi stating that she is resident of Vikash Nagar, Police Station Gorakhnath, District Gorakhpur. On 15.10.2005, her husband Amar Nath accompanied by his 11 years' old minor daughter had gone to the Moharipur market. At about 05:00 P.M., when the father and daughter were returning home from the market, on the way an unknown person met them at a cycle who asked the child and her father, whether they were non-vegetarian. The child and her father came home followed by the unknown man at his cycle. The informant was at her house. The unknown person talked to the victim and he told her that he would give her some chicken meat and made her to sit on his cycle. Raju followed the unknown person who was taking away his sister but that person took away the victim. He took her towards north-west boundary of the fertilizer and raped her. He threatened the victim and fled away. Some people saw the girl bleeding and dropped her at her house. Her daughter could recognize that unknown person. The occurrence took place at 06:45 P.M. The girl was sent for medical examination. The informant went to the Police Station Chiluataal but her report was not lodged. Thereafter, she moved an application before the S.S.P. On 16.10.2005, hence, the report was lodged.

(3.) The prosecution examined as many as seven witnesses. PW-1 is informant and mother of the victim Janki Devi, who proved the written report as Exhibit Ka-1. PW-2 is the victim. PW-3 is Dr. Sushma Sinha, who medically examined the victim. She found the child was bleeding. The vagina was admitting one finger. There was a small tear in the middle of the vagina. There was bruises on the chest, limbs and and injury at the lips. This witness has proved the medical report as Exhibit Ka-2. This witness has further medicated the victim and proved the supplementary report as Exhibit Ka-3. Constable 1219 Sunita Khatri is PW-4, who took the victim for medical examination. PW-5 is Constable 548 Kapil Deo Shukla, who scribed the chik report. He further wrote the details of the case in the G.D. and proved the chik report as Exhibit Ka-4. Copy of the G.D. is Exhibits Ka-5 and Ka-6. PW-6 is Sub Inspector Manoj Kumar Pandey, who conducted the investigation. He copied the first information report in the case diary. He received the investigation by orders of the C.O., Chiluataal. He perused the X-ray report, copied its details in the case diary on 03.11.2005. He recorded the statements of the informant, the victim and father of the victim. He took, the frock of the victim, in custody, sealed it and prepared the recovery memo which was proved as Exhibit Ka-7. After that, he inspected the place of incident at the pointing out of the victim, prepared the site plan which was proved as Exhibit Ka-8. PW-7 is S.I. Rajesh Kumar Singh. He perused the case diary, added sections 376 and 506 I.P.C. in the matter. He again went to the house of the informant, gathered certain informations, recorded the statements of Gaiyatri Devi and some other villagers. On 14.11.2005, he accompanied by the victim and her family members along with S.O. Anupam Srivastava, S.I. R.B. Yadav, Constable Ashok Tiwari, Constable Akhilesh Kumar Singh, Constable Santosh Kumar Singh, Constable Narendra Rai and went to search the accused. While, searching the accused, the police party sat for having tea near Maniram Railway Crossing towards south of the road. Suddenly, one man was coming on foot towards Bargadwa. The victim and Savitri Devi saw the man and shouted that he was the same person who took the victim on 15.10.2005 on the pretext that he would give her chicken meat and took her on his cycle and raped her towards north-west boundary of the fertilizer. On seeing the police, the accused tried to flee away but he was apprehended, 30-40 pases away by using necessary force, at 12:30 in the day time. He told his name to be Dhruv Beldar. Many people collected on the spot and wanted to beat the accused. The victim along with her family members and the accused were brought to the police station where he was detained in the police station vide report no. 16 at 13:45 hrs. on 14.11.2005. Thereafter, again the statements of victim, informant Janki Devi and Rama Wati were recorded. The arrest memo was prepared and proved by this witness as Exhibit Ka-9. On 15.11.2005, the statements of S.O. Anupam Srivastava, S.I. Ashok Tiwari and Constable Santosh Kumar were recorded. On 17.11.2005, the statements of Bharat Prasad, Om Prakash and scribe Om Prakash Singh were recorded. On 22.11.2005, the statement of S.I. R.B. Yadav, Narendra Rai, Akhilesh Kumar Singh were recorded. The investigation was ended into a charge sheet, which was proved by this witness as Exhibit Ka-10.