DALVEER Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 17.4.2014 passed by the learned Additional Sessions Judge, Court No. 4, Aligarh in Sessions Trial No. 691 of 2012 arising out of Case Crime No. 477 of 2011, under Sections 376 , 452 , 506(1) IPC, Police Station Gandhi Park, District Aligarh, whereby the accused appellant has been convicted and sentenced to 10 years rigorous imprisonment and a fine of Rs. 5,000.00 under Sec. 376 IPC; 5 years rigorous imprisonment and a fine of Rs. 3,000.00 under Sec. 452 Penal Code and 1 years rigorous imprisonment under Sec. 506(1) Penal Code with default stipulation.

(2.) In a short compass, the facts which give rise to the present appeal are that the application was moved by the father of the victim which was addressed to the S.S.P. Aligarh on 27.6.2011 with the allegation that his daughter aged about 14 years old had passed the Class VIII. The accused Dalveer of his village came to the house at night ten days ago and forcibly committed rape with his daughter. On hue and cry, the complainant reached there and found that the accused Dalveer was committing rape. The accused-appellant was apprehended on the spot but he fled away by extending threat to kill. On this application, the case was registered bearing Case Crime No. 477 of 2011, under Sections 452 , 504 , 506 , 376 Penal Code which was entered into G.D. After the registration of the case, the investigation was entrusted to Inspector Veer Singh. The victim got medically examined and after concluding the investigation, charge-sheet was submitted against the appellant under Sections 452 , 504 , 506 , 376 IPC. The charges were framed in the aforesaid sections to which accused appellant denied and claimed to be tried.

(3.) To bring home the guilt of the accused, the prosecution has examined as many as five witnesses. P.W. 1 is the complainant Mohan Lal. He has deposed that at the time of occurrence, his daughter was 14 years old and in the night near about one and a half year ago, they were sleeping in the court yard of the house. On hue and cry of his daughter, he reached at the place of occurrence and found that the appellant was committing rape. When he tried to apprehend, appellant slapped him three to four times and also extended threat to kill by tamancha and ran away. P.W. 2 is the victim and she has stated that when she was sleeping in the court yard, the accused-appellant came there and after disrobing and gagging her mouth, he has committed rape against her will. When she cries after removing cloth from her mouth, he extended threat to kill by putting tamancha. P.W. 3 Dr. Amita Rani Gupta and she has stated that on 30.6.2011 she was working as Emergency Medical Officer in the Mohan Lal Gautam Women Hospital, Aligarh. The victim got medically examined by her at 11:35 A.M. She has 4 feet 10 inches of height, weight 40 kgs, teeth 16/16, breast fully developed, auxiliary and pubic hair present, hymen old torn, vagina admit one finger easily, vaginal smear was taken for pathology test but no spermatazoa was found. In the internal examination, no injury was found. The age of the victim was found 16 years old. P.W. 4 Constable Abhinendra Sharma stated that he was posted as Constable Clerk on 29.6.2011 at Police Station Gandhi Park, Aligarh. He has prepared the chik report no. 347 of 2011 and registered the case bearing no. 477 of 2011, under Sections 452 , 504 , 506 , 376 Penal Code which was entered into G.D. no. 2 at 00:50 o' clock. P.W. 5 Inspector Veer Singh is the Investigating Officer. He has stated that the case was handed over to him on that very date. He copied the chik FIR and G.D. in the case diary. He also recorded the statement of the complainant and arrested the accused-appellant and recorded his statement in the C.D. The medical report and the statement under Sec. 164 Crimial P.C. also copied in the C.D. On 14.7.2011, statement of Dr. Anita Singh and Smt. Ramwati were recorded and submitted the charge-sheet. He proved the charge-sheet as Exhibit Ka-7.