RAMSAGAR RAIDAS Vs. STATE OF U P

JUDGEMENT

(1.) The instant jail appeal has been preferred against the judgment and order dated 17.2.2012 passed by learned Additional District and Sessions Judge (Ex-cadre) Court No.2, Sitapur in Sessions Trial No.154 of 2008 arising out of Case Crime No.222 of 2007, Police Station Mishrikh, District Sitapur whereby the accused-appellant Ramsagar Raidas was convicted under Section 376(2)(g) IPC and sentenced to 10 years rigorous imprisonment and fine of Rs.5000/-with default stipulation of simple imprisonment for one year, under Section 506 IPC and sentenced to two years simple imprisonment and fine of Rs.1000/- with default stipulation of simple imprisonment for five months, under Section 323/34 IPC and sentenced to one year simple imprisonment and fine of Rs.1000/- with default stipulation of simple imprisonment for three months, under Section 308/34 IPC and sentenced to seven years rigorous imprisonment and fine of Rs.5000/- with default stipulation of simple imprisonment for five months and under Section 325/34 IPC sentenced to five years rigorous imprisonment and fine of Rs.2000/- with default stipulation of simple imprisonment for four months.

(2.) According to the prosecution version, the first information report was lodged by victim 'X' on 4.5.2007 at 11.45 P.M. at Police Station Mishrikh, District Sitapur stating that on 4.5.2007 at about 6.30 P.M. when she was going to meet the call of the nature, accused- appellant Ramsagar Raidas and Mahendra were sitting in the mango grove of Ram Asrey. They caught her and took her to the mango grove where accused-appellant Ramsagar Raidas caught hold of the victim and co-accused- Mahendra committed rape upon her. When she raised voice, her father-in-law Chokhe Lal, husband Ram Kumar, Prem Kumar and Rajendra Prasad arrived at the spot. Accused-appellant ran away. When they followed, the accused Ramsagar Raidas and Mahendra assaulted Chokhe Lal by 'Lathi' and 'Danda' which caused injuries in his left hand thumb.

(3.) The report was written by one Mithlesh Kumar which was submitted by the victim at Police Station. A case Under Sections 376, 506, 323 IPC was registered. Investigation was handed over to the investigating officer. Victim was medically examined on 5.5.2007 at 30 P.M. by P.W. 6 Dr. Nisha Pande. She was referred to the radiologist. Her X-ray was done. According to the supplementary report no specific opinion could be given about the rape. Her age was found as about 20 years. Site plan was prepared. Statement of the witnesses were recorded. Statements of victim under Section 164 Cr.P.C. was recorded by the Magistrate on 12.6.2007.