RISHIRAJ Vs. STATE OF U P

JUDGEMENT

(1.) By way of instant Criminal Appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 06.08.2004 passed by Additional Sessions Judge, Fast Track Court no.1, Baghpat, in Sessions Trial Nos.445 of 2003, State Vs. Rishiraj, arising out of Case Crime Nos.299 of 2003, under Section 376 IPC, Police Station- Baraut, District- Baghpat, whereby the accused-appellant- has been sentenced to undergo life imprisonment- for offence under Section 376(2) (Cha) IPC.

(2.) Heard Sri Pradeep Kumar Mishra, learned amicus curiae for the appellant, Sri J.K. Upadhyaya, learned AGA assisted by Sri Om Narain Tripathi, Arun Kumar Singh, Sri Sunil Kumar Triapthi and Rajkamal Srivastava, learned AGAs for the State and perused the record.

(3.) Factual matrix, as discernible from the record and relevant for adjudication of this appeal appears to be that a written report was lodged at police station- Baraut- on 10.09.2003 at 14.20 hours by the informant Nand Kishore Sharma s/o Kiran Sharma r/o Police Station- Baraut, District- Baghpat regarding commission of rape committed by the accused (Rishiraj) with allegations, inter alia, that on 10.09.2003 at 1.00 p.m. the priest (pujari) of Vishwakarma Temple enticed away his daughter Jyoti, aged about 5 years and took her inside the temple and committed rape on her. While the girl shrieked with pain, the informant himself along with Mukesh s/o Jaiprakash, Punnu s/o Lakkmichand, Arun Kumar s/o Sripal Jain, Umang s/o Ashok, Manoj s/o Ram Swaroop, Gulab s/o Ballay Ram etc. arrived on the spot and saved the girl from the rapist. The girl was seeped with blood. The accused has been brought to the police station. The accused was initially set free by Dr. Vinod S/o Jagdish. However, the accused was again caught and brought at the police station. Request was made for lodging the FIR. The written report is Exhibit Ka-1.