BOBBY @ MUKESH Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 12.01.2007 passed by learned Additional Sessions Judge, Court No.14, District Aligarh in Session Trial No.647 of 2002 (State Vs. Bobby @ Mukesh), under Sections 376 I.P.C., Police Station Gandhi Park, District Aligarh, by which the appellant was convicted and sentenced to eight years R.I. under Section 376 I.P.C. with a fine of Rs.2000/- and in default of payment of fine to undergo four months additional imprisonment.

(2.) Prosecution story, in brief, is that complainant Shanta, wife of Umesh, lodged an FIR stating therein that on 9.4.2002 at about 10.00 a.m. complainant had gone to her brother's residence and her husband went for labour work. Her small kids were alone in the house. Accused Bobby @ Mukesh came to her residence and allured her daughter (prosecutrix) Deepa, who was aged about 10 years, and took her to the old toilet situated behind Dharm Samaj Degree College and committed rape upon her. The prosecutrix narrated the entire story to her mother when she came back. At that time accused Bobby @ Mukesh escaped from his house. On the basis of written report Ex.Ka-1 by one Anand Shastri FIR was registered. After completing the investigation charge sheet Ex.Ka-6 under Section 376 I.P.C. was submitted in the court. The case was committed to the Sessions Court by the learned Chief Judicial Magistrate, Aligarh. Charge framed against the accused applicant under Section 376 I.P.C. was denied by the accused and claimed trial.

(3.) In support of the case prosecution examined Smt. Shanta (complainant/mother of victim)- P.W.1, Km. Deepa (prosecutrix) - P.W.2, Dr. S.K. Jain (Radiologist)- P.W.3, Constable Daya Chandra - P.W.4, Dr. Poonam Sharma- P.W.5, Saleem Khan (Investigating Officer) - P.W.6. After close of the prosecution evidence, statement of the accused under Section 313 Cr.P.C. was recorded who claimed that he has been falsely implicated in this case.