JAVED Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal appeal has been filed against a judgement and order dated 04.04.2013 passed by the Additional District and Sessions Judge, Court No. 9, Bijnor in ST No. 605 of 2012 arising out of case crime No. 338 of 2012, police station Syohara, district Bijnor. By the impugned order the learned Additional Sessions Judge has convicted and sentenced the appellant Javed to seven years rigorous imprisonment and a fine of Rs. 10,000/- (rupees ten thousand) under section 376 IPC. In default of payment of fine, the appellant was further directed to undergo two months additional simple imprisonment.

(2.) The brief facts giving rise to the present appeal are that a typed report was given by the complainant Riyaz Uddin, son of Khalil Ahmad, resident of village Mukarpuri, Jyothimma on 15.7.2012 at the police station Syohara, district Bijnor to the effect that his wife Rukhsana has plucked his mobile for the purpose of charging in the circuit of electricity connection in the house of Javed. On 13.7.2012, his wife sent his minor daughter, the prosecutrix (hereinafter referred to as the victim) aged about 13 years to the house of Javed. In the room, Javed, son of Akbar was sitting. As soon as the victim entered the room, Javed bolted the door from inside and committed rape on her. His wife kept on waiting for the victim for about 20 minutes and when the victim did not return, she went to the house of Javed and found the door bolted from inside. On knocking the door, Javed did not open the door. Thereafter his wife went there along with Naem, son of Ali Hasan, thereafter the door was got opened. When the complainant's wife and Naem went inside, they found that hands and feet of the victim were tied. Taking advantage of the situation, Javed run away from the spot. It is further alleged in the report that the complainant was at Panipat, his wife has given information to him on telephone and thereafter he came back and lodged the first information report.

(3.) On the basis of the aforesaid report, Ext. Ka-1, a Chik FIR, Ext. Ka-8 was registered at case crime No. 338 of 2012, under section 376 IPC at police station Syohara, district Bijnor by Constable Clerk Omkar Singh, who also made necessary GD entry vide Ext. Ka-9.