RAJEEV KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This Jail Appeal is directed against judgment and order dated 25.8.2012, passed by Additional Sessions Judge, Court No.5, Etah, in Session Trial No.354 of 2011, State Vs. Rajesh Kumar, whereby appellant Rajeev Kumar has been found guilty of offence under Sec. 307, 377 I.P.C. and sentenced to undergo 10 years rigorous imprisonment together with fine of Rs.10,000.00 under both the sections. Sentences are to run concurrently. In the event of non deposit of fine, appellant is to undergo 6 months additional rigorous imprisonment.

(2.) Prosecution story, in brief, is that informant Manphool Singh along with Bhawani Prasad were returning from their relatives place and having alighted from the bus were walking towards the village at 3.30 PM on 3.3.2011 and when they reached the agricultural field of Hori Lal and Ram Sahai, in which mustard crop (Sarson/Laha) was standing, they heard yelling and shrieks from the nearby field and entered it to find that accused Rajeev Kumar was trying to strangulate informant's nephew Akash, son of Ulphat Singh aged about 8 years. As soon as the accused saw the informant coming close to him, he left the place naked carrying his pant and could not be apprehended despite efforts made. Informant found that accused had performed unnatural offence with minor victim and had also tried to kill him, and teeth bite marks were found on his left cheek apart from injury mark on his neck and blood was oozing out from anal region. The informant took the victim to the police station and lodged the First Information Report at 6.30 PM on the same day under Sec. 307 and 377 I.P.C. The distance of police station from the scene of occurrence is stated to be 6 km. The accused was around 32 years of age at the time of occurrence. The local police having lodged the First Information Report proceeded with investigation. Statement under Sec. 161 Crimial P.C. was recorded, site was inspected and a site plan prepared and medical examination of victim was conducted at 9.00 PM on the same evening. 4 injury marks were found in medical examination on the body of victim, whereas 3 injuries were found in the anal region. The Investigating Officer found the incident to have occurred, as alleged by the informant. Accused was arrested and a charge sheet was filed under Sec. 307 and 377 I.P.C. Accused was supplied materials relied upon by the police against him and the case was committed to the sessions by the Magistrate concerned on 29.6.2011. Accused denied the charges and consequently trial proceeded.

(3.) Prosecution for proving the charges adduced informant Manphool Singh as PW.1, who supported the prosecution case in examination in chief, but turned hostile during cross examination, and Bhawani Prasad appeared as PW.3 but turned hostile. Victim Akash Kumar PW.2 has supported the prosecution story. Dr. R.K. Garg appeared as PW.4. Constable Makhan Lal appeared as PW.5, and Investigating Officer R.N. Mishra appeared as PW.6. The substance of charges was explained to the accused under Sec. 313 Crimial P.C., wherein he denied the incident and contended that a false charge sheet had been filed against him due to village enmity. No evidence was adduced on behalf of accused. Sessions Court after hearing the A.D.G.C. (Criminal) and Amicus Curiae appearing on behalf of accused found no good ground to disbelieve testimony of minor victim, which was supported with injury report and come to a conclusion that prosecution had established guilt of the accused and consequently awarded sentence, already noticed above. Aggrieved by it, the appellant-accused has filed the present Jail Appeal.