RAMVIR Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment and order dated 16.12.1999 passed by XIIIth Addl. Sessions Judge, Aligarh in S.T. No. 456 of 1999 (State Vs. Ramvir), whereby the appellant was convicted under Sections 376, 452 Penal Code and sentenced to life imprisonment and imprisonment for one year respectively.

(2.) In view of provision of Sec. 228-A of IPC, we are not disclosing the identity of the victim of alleged rape. We will hereinafter refer her as the 'victim'.

(3.) Prosecution story in brief is that the complainant Shashi Sharma, P.W.-1, mother of 7 years old victim, had left her daughter at her tenanted residential room on 15.12.1998 and gone to work in a factory in Mohalla Vishnupuri, District Aligarh. When she came back at 6 p.m. in the evening she found that her blood-stained daughter was crying. The 'victim' told her mother that she had been ravished by the appellant Ramvir. Complainant took her daughter (victim) to the Varun Nursing Home where she was given some treatment. Subsequently, she took the victim to the police station and lodged the First Information report (Ex-Ka-1). The police personnel carved out the check report (Ex-Ka-9) and made an entry in the General Diary (GD) of the Police Station (PS), the extract of which is available on record as (Ex-Ka-10). The police personnel took the victim to Mohan Lal Gautam Female Hospital, Aligarh where she was medically examined. The police also gathered the blood stained clothes of the victim. Memorandum of these clothes was prepared, which is available on record as [Ex-Ka- 2]. Victim was first treated and medically examined at Varun Hospital, Vishnupuri, Aligarh wherein following report (Ex-Ka-8) was prepared:-