RAM PRAVESH Vs. STATE

JUDGEMENT

(1.) This appeal u/s 374(2) of Cr.P.C. has been filed by the person convicted and sentenced in S.T. No. 257 of 2003 u/s 376(2), 323 I.P.C., P.S. Surajpur, of Sessions Division Gautam Buddh Nagar, through Superintendent Jail, Agra, u/s 383 Cr.P.C. as Jail Appeal against the judgment dated 30.1.2006 passed by Additional Sessions Judge /F.T.C. No. 1, Gautam Buddh Nagar, wherein learned Additional Sessions Judge has convicted appellant Ram Pravesh for the offence punishable u/s 376(2), 323 I.P.C. related with Case Crime No. 30 of 2003, P.S. Surajpur, District Gautam Buddh Nagar, and thereby sentenced him for life imprisonment and fine of Rs. 10,000/- for the offence punishable u/s 376(2) I.P.C. and simple imprisonment of six months for the offence punishable u/s 323 I.P.C. In case of failure of payment of fine, convict was to further undergo simple imprisonment of six months. He was acquitted for the charge of offence punishable u/s 308 I.P.C.

(2.) In brief the contention of memorandum of appeal is that the learned Additional Sessions Judge has failed to consider the facts and law placed before it. Evidence were not properly appreciated. The legal propositions were not taken care of. There were contradictions in the testimonies of the prosecution witnesses and the prosecution has utterly failed to prove its case. There was no mark of injury over private part of the prosecutrix, hence the offence punishable u/s 376(2) I.P.C. was not made out. There was no trustworthiness of prosecution witnesses. No independent witnesses were examined, rather the witnesses examined were interested witnesses. Prosecution witness no. 2 Km. Anju has not corroborated the prosecution version. The appellant, being a poor person, is languishing in jail since 23.4.2003, hence this appeal for setting aside the judgment of conviction and sentencing made therein.

(3.) Heard Ms. Kanchan Chaudhary, learned Amicus Curiae, for the appellant, and Sri Udit Chandra, learned AGA, for the State and have gone through the judgment and the record of the case.