MOHAN LAL Vs. STATE

JUDGEMENT

(1.) This jail appeal has been preferred by the accused-appellant from jail in the year 2006 against the judgement and order dated 03.05.2005 passed by Additional Sessions Judge, Court no. 3, Bulandshahar in Sessions Trial No. 218 of 2005 (State v. Mohan Lal), convicting the appellant under Section 376 I.P.C. and sentencing him to rigorous imprisonment for life with fine of Rs. 10,000/- and in the event of default of payment of fine accused-appellant will have to undergo additional simple imprisonment of 2 years.

(2.) In view of the legislative mandate as contained in Section 228- A and the observations made by the Hon'ble Supreme Court, the identity of the prosecutrix is not disclosed and hereinafter she will be referred as prosecutrix 'S'.

(3.) Prosecution story in nutshell is that on 26.11.2004 at about 18.30 hours one Sri Rakesh Kumar, resident of Mohalla Lodhan, Kasba and Police Station-Jahangirabad, lodged a written report with the Police Station-Anoopshahar that his sister Smt. Nirmala was earlier married to Ram Kishan but after the death of Ram Kishan, Smt. Nirmala was married to Mohan Lal 12 years ago. Smt. Nirmala lived with her sons and daughter. The prosecutrix 'S' aged about 15 years is the daughter of Smt. Nirmala. Yesterday Mohan Lal had brought prosecutrix 'S' to Anoopshahar for taking holy dip in the river Ganga. Today when Mohan Lal reached the house alone and when Smt. Nirmala enquired about prosecutrix 'S' then he replied that prosecutrix 'S' has gone missing in Anoopshahar Mela. Thereafter, informant along with his sister Nirmala, brother Satish and nephew Peetam (sister's son) went to Anoopshahar mela in search of prosecutrix 'S' wherein prosecutrix met and narrated them that in the previous night at about 11:00 hours her step father Mohan Lal committed rape upon her on the bank of river Ganga.