SANGH PRIYA GAUTAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 31.07.2014 passed by the learned Additional Sessions Judge, Court No. 13, Bareilly in Sessions Trial No. 1197 of 2011 (State v/s. Sangh Priya Gautam alias Gode) arising out of Case Crime No. 648 of 2011, under Ss. 363, 366, 376 IPC, Police Station Bithrichainpur, District Bareilly, whereby the accused appellant has been convicted and sentenced to five years' rigorous imprisonment and a fine of Rs. 5000/ - under Sec. 363 IPC; seven years rigorous imprisonment and a fine of Rs. 7000/ - under Sec. 366 IPC and ten years' rigorous imprisonment and a fine of Rs. 10,000/ - under Sec. 376 IPC with default stipulation. Out of the fine so deposited by the accused appellant, half of the same was directed to be paid to the victim.

(2.) Brief facts of the case are that a written report was given at the police station Izzat Nagar, district Bareilly on 23.4.2011 stating that his son had left his daughter aged 15 years at her maternal uncle's house at Maheshpura, Shahabuddin. On 16.04.2011 at 7.00 p.m., when the victim was going to attend the call of nature, on the way, the accused came with a Maruti car and took her away forcibly. When the informant was tracing his daughter, he found her in the house of father -in -law of the brother of the accused. The victim told him that Sangh Priya Gautam had raped her forcibly and on 20.04.2011 had left her at that house. Hence, the report was lodged.

(3.) Head Constable Jeet Singh, PW -4 scribed the chik report, which was proved by him as Ext. Ka -3. This witness also scribed the details of the case in the G.D., which was proved as Ext. Ka -4. Dr. Raj Kumar, PW -5 conducted the ossification test of the victim and proved the x -ray plates as material Ext. 1 and the ossification report as Ext. Ka -5. Dr. Shashi Gautam, PW -6 medically examined the victim. She did not find any mark of injury on the body of the victim. The hymen of the victim was old torn. The vagina was admitting two fingers easily. Two slides were prepared for pathological test. This witness proved its report as Ext. Ka -6 and the supplementary report as Ext. Ka -7. S.I., Nagendra Singh, PW -8 was entrusted with the investigation. He copied the FIR in the case diary and recorded the statement of Poshaki Lal. On 20.08.2011, he further recorded the statements of witnesses Deepak and Constable Omkar Gangwar and arrested the accused on 24.08.2011, whose statement was recorded by this witness. After completion of the investigation, this witness submitted charge sheet against the accused, which was proved as Ext. Ka -8. Further investigation was conducted by S.O., Pradeep Kumar Tripathi, PW -9, who recorded the statements of the victim and other witnesses. He inspected the spot and prepared the site plan and proved it as Ext. Ka -9. The victim was sent by this witness for recording her statement under Sec. 164 Cr.P.C. Constable Omkar Gangwar, PW -10 proved the copy of the G.D. as Ext. Ka -10.