KARAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to judgment and order date 30.08.2014, passed by Special Judge, SC/ST (P.A.) Act/Additional Sessions Judge, Court No. 4, Chitrakoot, in Sessions Trial No. 10 of 2013 (State v/s. Karan Singh @ Ranjeet), arising out of Case Crime No. 6293 of 2011, under Ss. 328/34, 376 I.P.C. and Sec. 3(1)(xii) SC/ST Act, Police Station Kotwali Karvi, District Chitrakoot, whereby the appellant was acquitted for the charges under Ss. 328/34 I.P.C. and 3(1)(xii) SC/ST Act. The appellant Karan Singh @ Ranjeet was found guilty under Sec. 376 I.P.C. and sentenced for 7 years rigorous imprisonment along with a fine of Rs. 3000/ - with default stipulation. 50% of the fine is directed to be paid as compensation to the victim.

(2.) The prosecution story in brief is that the father of the victim namely Ram Kripal has lodged a written report on 28.12.2011 stating that he along with his daughter boarded a train on 26.12.2011, from Khurhand Railway Station and reached Chitrakoot on the same day. On 27.12.2011, when he was doing "Parikarma" of "Kamtanath", he met the son -in -law of his friend Narain @ Narain Das namely Karan Singh along with his wife Seema who said that he would get the informant comfortable with his stay in the "Dharamshala" and would also make him to visit the places of at interest at Chitrakoot by his Bolero Car. After the "Parikarma" as per the request of the accused, the victim along with her father stayed at Goyanka Dharmshala, Sitapur, Chitrakoot in room No. 5. After that, on 27.12.2011 at 11:00 P.M., Karan Singh and his wife took the victim on the pretext to take for site her seeing. When she did not return for quite some time, he tried to trace his daughter. When he reached on the road, near the Hanumaan Temple, he found his daughter weeping and in a shattered position, who stated that at 09:30 P.M., Seema fraudulently administered her intoxicated tea due to which she became incapacitated. Seema left, whereby her husband raped her in his Bolero Car. After that they left her on the road near Hanumaan Temple and fled away. Since It was late night, the informant stayed back in the Dharamshala and next day he lodged the first information report.

(3.) On the basis of this written report, investigation was entrusted to C.O. Krishna Chandra Singh, PW -5. On 05.07.2012, the statement of the victim was recorded. On 14.07.2012, the supplementary statement of the informant was recorded. Letters were sent to the S.P., Chitrakoot for arrest of the accused. On 28.11.2012, process under Sec. 82 Cr.P.C. and N.B. warrant were obtained against the accused persons. The matter was copied in the case diary. On 28.12.2012, the accused appellant Karan Singh was apprehended and he was sent for recording his statement under Sec. 164 Cr.P.C. On 31.12.2012, charge sheet was submitted by this witness which was proved as Exhibit Ka -5. Part of the investigation was also conducted by retired Dy. S.P., Param Lal Verma, PW -4. He copied the written report, first information report and chik report in the case diary, recorded the statements of the informant and the victim in the case diary. He inspected the spot, further recorded the statements of Rajendra Tripathi, Arun Tripathi, Mata Badal Pal, Brij Lal Awasthi, Raj Narayan Yadav, Guddu, Ram Saran and other witnesses. After that he sent the victim for her statement being recorded under Sec. 164 Cr.P.C. The supplementary statement of the victim was recorded. He inspected the spot, prepared and proved the site plan as Exhibit Ka -4. Dr. Rajeev Dwivedi PW -6 has conducted the ossification test of the victim and proved the pathological report as Exhibit Ka -6 and supplementary report as Exhibit Ka -7. PW -3 is Constable Vijay Naresh who scribed the chik report which was proved as Exhibits Ka -2 and Ka -3 and the copy of G.D. As Exhibit Ka -4.