GAYA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 08.10.2013 passed by learned Additional Sessions Judge, Court No.6, Kanpur Dehat/Ramabainagar in Session Trial No.187 of 2011 (State Vs. Gaya Prasad) arising out of Case Crime No.121 of 2011, under Section 376 I.P.C., Police Station Rajpur, District Ramabainagar, whereby the appellant was convicted for 7 years R.I. under Section 376 I.P.C. and with a fine of Rs.15,000/- and in default of payment of fine to undergo one year further simple imprisonment.

(2.) Prosecution story, in brief, is that victim herself lodged an FIR on 05.02011 stating therein that in the night of 2/3.2011 at about 3.00 a.m. her maternal father-in-law Gaya Prasad called her at a government tubewell situated in Kamalpur for irrigating her field. Further allegation is that husband of the victim was not present at his house and when she reached to irrigate her field the accused, who is maternal father-in-law, called her and taking the advantage of being loneliness committed rape on her. On the basis of written report scribed by one Pappu Yadav FIR was registered as Crime No.12 of 2011, under Sections 376, 506 I.P.C. at Police Station Rajpur, District Ramabai Nagar. Its G.D. entry has been made as Rapat No.29 at 15.30 p.m. Investigation was conducted by Station Officer Chatrapal Singh and after completion of the investigation charge sheet against the accused under Sections 376, 506 was filed before the competent court. The case was committed to Session Court by Chief Judicial Magistrate. The learned trial court framed charges against the accused under Sections 376, 506 I.P.C.

(3.) In support of the prosecution case victim was examined as P.W.1, who proved the written report Ex.Ka-1. Fact witnesses P.W.2 Rajkumari, P.W.3 Pappu Yadav were examined. In support of the medical evidence P.W.4 Dr. Pushpa Gurnani was examined who proved the medical report Ex.Ka-2 and supplementary report Ex.Ka-3 and in support of the police papers P.W.5 - S.I. Chatrapal Singh, Investigating Officer, was examined who proved site plan Ex.Ka-4 and charge sheet Ex.Ka-5. P.W.6 Constable Atar Singh was examined to prove chik FIR Ex.Ka-6 and its G.D. Ex.Ka-7 and fard of the material exhibit peticot Ex.Ka-8. After close of the prosecution evidence, statement under Section 313 Cr.P.C. of Gaya Prasad - appellant was recorded. Accused-appellant denied the charges levelled against him and claimed trial. After hearing the arguments of both parties, learned trial court convicted the accused as aforesaid. Aggrieved against the same, this appeal has been preferred.