VIJAY Vs. STATE OF U P

JUDGEMENT

(1.) This jail appeal has been preferred by accused appellant Vijay against judgment and order dated 25/26.9.2014 passed by Additional District & Sessions Judge, Court No.3, Bulandshahr in Session Trial Nos. 889 of 2008 and 106 of 2009 at crime no. 74 of 2008 convicting and sentencing appellant for the offence punishable under Sections 376 (2)(cha) and 304 IPC for imprisonment of life and a fine of Rs. 50,000/- for the offence under Section 376(2)(cha) IPC and also for the offence under Section 304 IPC for 10 years rigorous imprisonment and a fine of Rs. 20,000/-. In default of payment of fine, appellant was also directed to undergo additional imprisonment of two years and one year respectively. All sentences were directed to run concurrently.

(2.) Facts of case, in nutshell, as unfolded by informant Bablu son of Harvansh Jatav, in First Information Report (in short 'F.I.R.'), are that on 26.4.2008 at about 2-2.30 p.m. appellant was playing with the daughter of informant aged about 2 years' in his lap and when he began to proceed alongwith victim - deceased, informant's wife asked him as to where he was going with daughter, on this appellant told that he was going to provide her toffee. After sometime hearing weeping of a child from sugarcane field of Kale Ram witness Tejveer Singh and Shahid Siddiqui entered into the field and saw that accused appellant was committing rape with victim. Having seen those people, accused appellant ran away despite effort made by them to catch him. Leaving victim in field, both witnesses came to house of informant and told entire facts. Thereafter, informant alongwih Khoob Chandra, Tek Chandra and Raj Kumar proceeded to place of occurrence and witnessed that her daughter was lying in sugarcane field of Kale Ram and there were injuries on her private part as also on the body. Informant alongwith victim went to Police Station concerned for lodging F.I.R.. It was also mentioned that informant had heard that accused appellant due to fear of police had consumed poison to commit suicide and was lying in unconscious condition in the lane of mohalla Jatan.

(3.) On the basis of written report (Ext. ka-1), chik First Information Report (Ext. Ka-4) was registered at Police Station concerned on 26.4.2008 at 4.25 p.m. against accused appellant for the offence under Sections 376 and 309 IPC mentioning all details as had been described in Ext. Ka-.1. G.D. entry Ext. Ka-5 was also made at the same time. Since distance between place of occurrence and police station concerned was only one kilometer and sugarcane field was adjacent to the town concerned, police had also reached there. Informant on police vehicle took the victim immediately to B.B. Nagar C.H.C., Bulandshahr and after providing first aid, she was referred to District Hospital as is clear from reference slip, majroobi chitthi and statement of PW-5. She was also referred to Medical College, Meerut for better treatment. Police also took bloodstained and plain earth from place of occurrence and keeping same in sealed box prepared fard Ext. ka-8. One underwear of appellant was also taken into possession and was kept in a sealed cloth preparing memo Ext. ka-9. Medico legal examination of victim done at District Hospital, Bulandshahr is Ext. ka-2 wherein height of victim was found 31" (inch), weight 10.5 kilogram. It is also mentioned in the report that child was drowsy and face was soiled with blood. On internal examination blood was oozing from private part. Hymen was found torn. Vaginal tears on both sides also found damaged with muscle deep. On touch blood was oozing. Two smear slides were prepared for examination. She was also referred to Chief Medical Officer for age determination. Majrubi Chithi and reference slip of C.H.C. B.B. Nagar to District Hospital, Bulandshahr is on lower court record. Supplementary report prepared in regard to spermatozoa is Ext. ka-3. Bed head ticket of L.L.R.M. Medical College, where victim was admitted on 26.4.2008 and was discharged on 5.5.2008, is Ext. ka-11. Medical report prepared by Dr. Smt. Shaukeen Singh is Ext. ka-12. Inquest report was prepared on 23.9.2008 (Ext. ka-13) as information regarding death of victim was given by one Kailash, sweeper of Medical College, Meerut to local police. Other police papers are Ext. ka-14 to ka-16. Site plans are Ext. ka-6 and ka-7. Dead body of victim- deceased was kept in sealed cover, which was carried by constable Janeshwar to mortuary. Autopsy on the body of victim - deceased was done on 24.9.2008 at 4.15 p.m. and on general examination she was found aged about 3 years. It is mentioned in the post mortem report (Ext. ka-17) that deceased expired on 23.9.2008 at 4.55 p.m.. She was average built. Rigor mortis was absent. On both elbow, lower part of abdomen and lower part just above ankle surgical stitched wounds were found. Cause of death is shown due to septicemic shock. Surgery regarding injury no.2, found at the time of post mortem, took place thrice as she died during treatment due to septicemic shock.