WAKIL AHMAD Vs. STATE

JUDGEMENT

(1.) Heard Ms. Seema Pandey, learned amicus curiae for the appellant, Sri Rajiv Sharma, learned AGA assisted by Sri Rajiv Mishra, learned AGA for the State and perused the record of this Jail Appeal.

(2.) By way of instant Jail Appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 18. 03. 2009 passed by Additional Sessions Judge, court no. 4, Bijnor, in Sessions Trial Nos. 858 of 2008, State Vs. Wakil Ahmad, arising out of Case Crime Nos. 1456 of 2008, under Section 376 IPC, Police Station- Kotwali Shahar, District- Bijnor, whereby the accused-appellant- has been sentenced to undergo life imprisonment coupled with fine Rs. 20,000/- for offence under Section 376 IPC and in default of payment of aforesaid fine, he will have to undergo additional rigorous imprisonment for one year.

(3.) Factual matrix, as discernible from record appears to be that a written report was lodged at police station- Kotwali Shahr- on 15. 07. 2008 at 10. 05 a. m. by Smt. Shamima w/o Wakil Ahmad (accused in this case) r/o Hamidpur, Police Station- Kotwali Shahr, District Bijnor regarding commission of rape committed by the accused on his own daughter with allegations, inter alia, that the informant has three daughters and one son. Her elder daughter is the victim, aged about 13-14 years and she is minor. The father of victim (Wakil Ahmad) used to take her to forest for collecting woods and used to commit rape on her there. This continued for quite long time and on resistance being offered by the victim, she was threatened by him. The episode came to the knowledge of the informant and the people of the locality when victim became pregnant with she developed symptoms of pregnancy. The informant inquired with the victim about the actual fact/incident, whereupon, she disclosed everything to her (informant), that her father has committed rape on her and has threatened that in case, she discloses this facts anyone, she will be killed. The incident was brought to the knowledge of the Village Pradhan, whereupon, Village Pradhan and the informant were also threatened by the accused- appellant. The written report is Exhibit Ka-1.