CHHEDA LAL Vs. STATE OF U P

JUDGEMENT

(1.) In the present judgment, I do not propose to mention the name of the victim girl in view of the provisions of Section 228A I.P.C. and in pursuance of the observations made by the Hon'ble Supreme Court in para-4 in the case of State of Himachal Pradesh vs. Shree Kant Shekari, 2004 AIR(SC) 4404, the prosecutrix (hereinafter referred to as 'victim').

(2.) The present criminal appeal is directed against the judgment and order dated 19/20.09.2014 passed by the Additional Sessions Judge, Court No. 9, Bareilly in Session Trial No. 152 of 2013 (State vs. Chheda Lal), under Sections 452 and 376 I.P.C., Police Station Bhuta, District Bareilly. By the impugned judgment and order learned trial Judge has convicted and sentenced the accused-appellant under Section 452 I.P.C. and sentenced him to undergo rigorous imprisonment for three years along with a fine of Rs. 2,000/-. Accused-appellant has also been convicted and sentenced under Section 376 I.P.C. and directed to undergo rigorous imprisonment for 10 years along with a fine of Rs. 20,000/-. The learned Judge has further directed that both the sentences of the accused-appellant shall run concurrently.

(3.) Briefly, the facts of the case are that on 08.12.2012 informant Nanhe Lal son of Jhau, resident of village Sunha, Police Station Bhuta, District Bareilly submitted a written report at 6:20 hours at police station Bhuta stating therein that on 03.12.2012 when he had gone to the house of his relative, the accused-appellant Chheda Lal entered into his house and pulled her daughter victim PW-2 into the room and committed rape on her. When she raised hue and cry accused-appellant fled away from the spot. Hearing hue and cry, the resident of his village Pramod Kumar PW-3 came over there and seen the occurrence. Initially due to shame the informant did not go to the police station to lodge the first information report. On the basis of the written report Exhibit Ka-1 which was submitted by the informant at police station, police registered a case at Crime No. 526 of 2012, under Sections 452 and 376 I.P.C. After the case was registered, investigation commenced and victim was medically examined on 08.12.2012. Spot inspection was also conducted by the Investigating Officer and site plan Exhibit Ka-4 was sketched. After completing the investigatory formalities, on the basis of sufficient evidence charge-sheet Exhibit Ka-5 for the offences punishable under Sections 452 and 376 I.P.C. was submitted. The case was committed to the court of Session and subsequently charges under Section 452 and 376 I.P.C. were framed on 22.03.2013 against the accused-appellant who pleaded not guilty and claimed trial.