SHANKER Vs. STATE OF U.P.

JUDGEMENT

(1.) Appellant Shanker though this appeal has challenged his conviction under Sec. 376 I.P.C. and sentence of life imprisonment with fine of Rs. 10000.00 (Rs. Ten Thousand) recorded by XIII, Additional District and Sessions Judge, Kanpur Nagar in Sessions Trial No. 834 of 1998, State Vs. Shanker , under Sec. 376 I.P.C., police station Cantt., Kanpur Nagar. Additional District and Sessions Judge had further ordered that in default of payment of fine appellant shall undergo two years further imprisonment vide his impugned judgment and order dated 22.1.2000.

(2.) The prosecution allegations against the appellant are that Smt. Raj Kumari P.W. 3 was the wife of one Shree Pal an employee in Telephone Department. Shree Pal had lost his life and, it seems that on the basis of Dying in Harness Rules, Raj Kumari got an employment in the Telephone Exchange, Kanpur Nagar. From the wedlock of Shree Pal, Raj Kumari had three issues, namely, Prince, Manoj and the daughter Km. Mona @ Monica Singh (victim) P.W. 4. After the death of her first husband Smt. Raj Kumari P.W. 3, solemnized court marriage with the appellant Shanker a widower, who had a son and started living with him in mohalla Lalkurti, P.S. Cantt., district Kanpur Nagar along with her children. Raj Kumari P.W. 3, used to go on her duty daily after leaving the children under the care and custody of Shanker appellant who by profession was a private tailor. Duty hours of the informant Raj Kumari, P.W. 3 was from 6.30 A.M. to 6.00 P.M. Shanker's son used to go with the informant to her working place in Telephone Exchange, Kanpur Nagar. On 27.2.1998 Raj Kumari suspected that her daughter Mona @ Monica Singh (P.W. 4) was not keeping well. On enquiry being made by her Mona @ Monica Singh informed the informant that after she leave for her duty, the present appellant who was her step father used to commit rape on her. Mona @ Monica Singh the victim was taken to doctor Laxmi Saighal P.W. 6 for her medical examination who directed her to Sita Pathology for her reports. The pathology report dated 27.2.1998 found the pregnancy test positive confirming that the victim was pregnant. Laxmi Saighal P.W. 6, after looking into the pathology report opined that victim had two months pregnancy. It is alleged that when the appellant came to know of the said fact he threatened the informant that if she will make any complaint, she and her children will be done to death. Informant Raj Kumari P.W. 3 got a F.I.R. (Ex. Ka-3) scribed through one Pawan Kumari Mishra and lodged it at the police station Cantt., District Kanpur Nagar on 1.3.1998 at 5.00 P.M. as crime No. 56 of 1998, under Sections 376/506 I.P.C. Constable 278 Shiv Ram Pal, P.W. 5 registered the F.I.R. and he has proved the chik F.I.R. Ex. Ka-6 and the relevant G.D. entry Fx. Ka-7. Investigation into the crime was instructed to S.I. Basant Pal P.W. 8 who copied the F.I.R. and G.D. entry, recorded the statement of the informant and the victim and arrested appellant Shanker on 4.3.1998. He copied his injury report and visited the spot and prepared site plan (Ex. Ka-10) and inspection note. He also copied the X-ray report and the medical report of the victim and thereafter submitted charge sheet No. 36 of 1998 (Ex. Ka-11) in the court against the appellant.

(3.) Dr. Laxmi Saighal, P.W. 6 had examined the victim on 27^th Feb. 1998 and had directed her for pregnancy test which was found to be positive. as stated above. Mona @ Monica Singh was again brought to her on 11.3.1.998 when she was bleeding profusely because she had aborted. She was treated by the said doctor with the help of her assistant doctor Sohba Nidhi and had prepared her report (Ex. Ka-7). For further management the victim was again brought the said doctor Laxmi Saighal on 15.3.1998 for check up on which the medicines were prescribed to her which prescription was in the hand writing of doctor Sobha Nidhi, which was proved as Ex. Ka-8.