AMIDULLA @ LALAU Vs. STATE

JUDGEMENT

(1.) The instant appeal has been filed by Hamidulla @ Lalau challenging the judgement dated 26/27 November 2010 whereby he was convicted under section 376(1) IPC and sentenced to 10 years rigorous imprisonment and fine of Rs. 25000/-. Out of the said amount, a sum of Rs. 20,000/- was directed to be paid to the victim. The fine was to be deposited within one month failing which the appellant would have to undergo additional simple imprisonment of one year.

(2.) The prosecution story in brief is that on 14.2.2010 at 7:00 p.m. when the victim was on her way from her house to her father's shop, she was taken to a field by the appellant and was raped. Allauddin, father of the victim and her mother Noor Jahan upon hearing her cries reached the spot. He ran away hearing the voice of Allauddin and Noor Jahan. They brought their daughter, the victim of the incident, to their house. Since it was dark by that time and the family was under fear, therefore, they could not lodge the first information report on the same day. On the next day i.e. on 15.2.2010, Allauddin, father of the victim lodged the first information report (Ex.Ka-1).The investigation was done by Kailash Singh, Sub Inspector (PW-6). The investigating officer found a watch and an old muffler from the site on 16.2.2010 and in respect of which a fard baramadgi (Ex.Ka-7) was prepared. On the same date, the accused was arrested. The victim was sent for medical examination to the District Hospital, Siddharth Nagar. Dr. Sushama Gupta, Female doctor in the hospital carried out medical examination of the victim on 16.2.2010 at 6:30 p.m. and gave report (Ex. Ka-4). She found hymen lacerated and anus torn at 12'O clock position extending upto rectum. She also found labia minor a lacerated. The victim was referred for further examination by the Gynecologist to determine presence of any spermatozoa and to the surgeon for anal injury. She also prepared a slide of vaginal smear and sent the same for pathological examination. The Pathologist upon examination of smear found two dead spermatozoa. His report dated 17.2.2010 is Ex. Ka-9. The investigating officer after concluding investigation submitted charge sheet dated 28.2.2010 charging the appellant of committing offence under section 376 IPC.

(3.) The prosecution examined Noor Jahan, mother of the victim as PW-1, her father Allauddin as PW-2, the victim herself as PW-3, Dr. O.P. Singh, Radiologist as PW-4, Dr. Sushama Gupta, Female Doctor who carried out medical examination of the victim, as PW-5, Sub Inspector Kailash Singh as PW-6, Dr. J.P. Singh, Pathologist as PW-7 and constable Shesh Narayan Tiwari, the scribe of chik first information report as PW.8. The accused in his statement under section 313 Cr.P.C , 1973denied the charge levelled against him. However, he did not examine himself nor adduced any other evidence in support of his defence. The court of sessions, by impugned judgement found the appellant guilty of offence under section 376 (1) IPC and accordingly convicted and sentenced him. The appellant has filed the instant appeal from jail.