RAVI SHANKAR MAURYA Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 08.09.2015 passed by the learned Special Judge (POCSO)/Additional Sessions Judge, Court No. 5, Varanasi in Sessions Trial No. 06 of 2013 (State v/s. Ravi Shankar Maurya) arising out of Case Crime No. 356 of 2013, under Ss. 376, 315 IPC and Sec. 6 of the Protection of Children From Sexual Offences Act, 2012, Police Station -Maduadeeh, District Varanasi, whereby the accused -appellant has been convicted and sentenced to ten years' rigorous imprisonment and a fine of Rs. 10,000/ - under Sec. 376 IPC and seven years' rigorous imprisonment and a fine of Rs. 5000/ - under Sec. 315 IPC with default stipulation. Out of fine so deposited by the appellant, half of the same was directed to be paid to the victim.

(2.) Filtering out the unnecessary details, the case of the prosecution is that a written report was given by the informant, the victim of the case on 02.10.2013 at 3.40 p.m. to the Station Officer, Maduadeeh, district Varanasi to the effect that she is aged about 16 years and her father Ravi Shankar Maurya by threatening and forcibly has been committing rape on her for the last two years. About a year back she got pregnant, which was got aborted by her father. A month ago, when she was going to the place of her grand -mother, on that date also, her father raped her. On the basis of the alleged written report, chik FIR, Ext. Ka -7 was prepared and registered as case crime No. 356 of 2013, under Ss. 376, 315 IPC and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 and the same was entered into the GD vide report No. 42 at 3.40 p.m. After the registration of the case, the investigation of the case was entrusted to SI Sanjeev Kumar Mishra, who copied the chik FIR in the case diary and on the pointing out of the victim, he inspected the spot and prepared the site plan, Ext. Ka -5 on 02.10.2013. On the same day, he recorded the statements of the witnesses Nand Kishore and Katwaru Banwasi. On 03.10.2013, he arrested the accused and his statement was recorded. The accused was taken on remand for a period of 15 days. On 08.10.2013, he recorded the statement of chik writer Head Muharrir Sunil Kumar and produced the victim before the court for recording her statement under Sec. 164 Cr.P.C. On 09.10.2013, he perused the statement of the victim recorded under Sec. 164 Cr.P.C. and entered the same in the case diary. On 10.10.2013, he recorded the statements of mother of the victim -Heerawati Devi, Dr. Manju Singh, who has medically examined the victim and pathologist Sanjeev Kumar and submitted the charge sheet against the accused Ravi Shanker Maurya, which he proved as Ext. Ka -6.

(3.) In support of its case, the prosecution has examined as many as six witnesses. PW -1 is the victim of the case. PW -2 is Heerawati Devi, the mother of the victim. PW -3 is Dr. Manju Singh, who has medically examined the victim. PW -4 S.I., Sanjeev Kumar Mishra. PW -5 is Sunil Kumar, Head Constable and PW -6 is Dr. R.P. Tiwari.