RAM SINGH @ RAMU Vs. STATE

JUDGEMENT

(1.) Heard Ms. Seema Pandey, Amicus Curiae, Sri Deepak Mishra, learned A.G.A. appearing for the State and perused the record.

(2.) This jail appeal has been preferred against the judgment and order dated 27.09.2007 passed by Additional Sessions Judge/Fast Track Court, Hapur, Ghaziabad in Session Trial No.386 of 2007 (State vs. Ram Singh @ Ramu) arising out of Case Crime No. 101 of 2006 under section 376 IPC, P.S. Bahadurgarh, District Ghaziabad whereby the accused-appellant has been held guilty and awarded punishment under section 376 IPC of ten years rigorous imprisonment and fine of Rs. 4,000/- and in default of payment of fine, he has been directed to further undergo six months rigorous imprisonment.

(3.) In brief the facts of the case are that an FIR was lodged by Jaivir Singh, informant of the case on 18.2006 at 7.30 a.m. which was registered as Case Crime No.101 of 2006 stating therein that on 12.8.2006 his grand daughter Shakshi aged about six years, who was playing outside his house at about 8.00 p.m. disappeared all of a sudden. He and his entire family members made a search of his grand daughter throughout night and at about 5.00 A.M. in the morning, she was found in 'Gher' of Satish son of Mahavir in the house of his relative Ram Singh @ Ramu son of Mallu Singh (accused) and his grand daughter was rescued from the accused by Budh Singh son of Jashwant Singh, Om Prakash son of Partun Shamra and other villagers at the time when she was being raped by the accused Ram Singh @ Ramu, who was caught hocld of by them and further both the victim as well as the accused were brought to police station and the victim was in bad condition.