NAUSHAD Vs. STATE OF U P

JUDGEMENT

(1.) IMTIYAZ Murtaza, J. This appeal is directed against the judgment and order dated 5-10-2005 passed by Addl. Sessions Judge, F. T. C. 1 Muzaffarnagar in S. T. No. 377 of 2004 whereby the appellant is convicted under Section 376, I. P. C. and sentenced to undergo imprisonment for life and a fine of Rs. 10,000/- and in case of default in payment of fine, further imprisonment for one year.

(2.) THE brief facts of the case mentioned in the report lodged by Muzaffar Ali at P. S. Kotwali Nagar Muzaffarnagar are that informant's daughter Shabana who was aged about 16 years and she was a minor and was under his guardianship. She was of a low intelligence and Irshad was his maternal uncle. Naushad is son of Irshad and Shehnaz is wife of Irshad, being relative they used to visit each other house. Naushad was very clever. He has enticed his daughter Shabana and cheated her on the pretext that he will marry her and committed sexual intercourse with her. His daughter became pregnant and about 10 days back Shabana had narrated to her mother as to how she was raped by Naushad. He and his wife had talked with Irshad and his wife and told them that his son has committed rape against her will by giving false promise of marriage and she has become pregnant. Irshad and Shehnaz had accepted their fault and requested for excuse and promised to punish Naushad and thereby postponed the dispute. A day before lodging the report a Panchayat was held in the village, which was attended by Furkan son of Ejaj, Anwar son of Farooq, Seetu son of Mustakeem and others. Irshad and Shehnaz had told them to accept 10-20 thousand rupees but they will not marry his son with Shehnaz and in case any action is taken he will be killed. He was confident that on the instigation of Irshad and Shehnaz, Naushad had committed rape with her daughter. On the basis of above information case crime No. 115 of 2003 was registered at P. S. Kotwali Nagar, Muzaffarnagar. After the registration of the case S. I. Kiran Pal Singh commenced investigation. He has proved the chik F. I. R. and G. D. entry. On 14-3-2003 he recorded the statement of the informant. He reached at the house of the informant and recorded the statement of informant's wife and victim Km. Shabana. He prepared the site plan on the pointing out of Shabana, which is Ext. Ka-5. On 15-5-2003 Irshad was arrested. On 17-9-2003 Naushad was arrested. On 18-9- 2003 he recorded the statements of Furkan and Anwar and on 20-9-2003 submitted charge- sheet, which is Ext. Ka-8.

(3.) IN order to prove its case the prosecution has examined five witnesses in all. The case of the defence was of denial and they did not produce any witness in their defence.