JAI PAL Vs. STATE OF U P

JUDGEMENT

(1.) Aggrieved by the judgment and order dated 13.2.2013, whereby the appellant was convicted under Section 376 read with Section 511 I.P.C. by the learned Additional Sessions Judge, Chandausi, Moradabad and was sentenced to 10 years Rigorous Imprisonment with a fine of Rs.20,000/- and in case of default, to undergo a further period of one year imprisonment, the appellant has filed this appeal from jail. On the request of appellant, Shri Kuldeep Singh Yadav, Advocate was appointed as Amicus Curiae vide order dated 21.2.2014, passed by this Court.

(2.) Heard Shri Kuldeep Singh Yadav, learned Amicus Curiae on behalf of the appellant and the learned A.G.A. Perused the records.

(3.) The prosecution version as disclosed in the F.I.R. is that in the evening of 21.12.2010, at about 4 P.M. when the 3 year old daughter of the first informant was playing outside her house, the accused-appellant called her on the pretext of giving her peanuts. Thereafter, he took the child to his sister's house namely Pushpa. Her sister was not present at home at that time. Taking advantage of the isolation, the appellant attempted to abuse and molest the child, which caused injury in her private parts. Hearing the shrieks of the girl, her father (first informant), along with witnesses Raja Ram and Bablu reached the spot and saw that the appellant had seized the child on the bed was trying to commit rape with her. The appellant was apprehended on the spot by the father of the girl and the witnesses accompanying him. They, immediately took the appellant along with the victim child to the Police Station, Bahjoi, Disrict-Moradabad where F.I.R. was registered on the same day at 7.20 P.M., as Case Crime No.702/2010 under Section 376/511 I.P.C. The victim child was sent for medical examination, which was conducted by the Emergency Medical Officer, Mahila Chikitsalaya, Moradabad. A brief description of the injury report of the girl is as follows:-