NATHI RAM Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 31.7.2017 passed by Additional Session Judge/Fast Track Court -II, Saharanpur in Session Trial No.756 of 2014 (State Vs. Nathi Ram) arising out of Case Crime No.144 of 2014, Police Station Biharigarh, District Saharanpur, whereby the appellant was convicted and sentenced to 10 years R.I. with a fine of Rs.40,000/- and in default of payment of fine one year additional imprisonment under Section 376 I.P.C. He was further sentenced to 2 years simple imprisonment with a fine of Rs.10,000/- and in default of payment of fine three months additional imprisonment under Section 452 I.P.C. All the sentences were ordered to run concurrently. Further a sum of Rs.25,000/- from the fine was directed to be given to the victim as compensation.

(2.) Prosecution story, in brief, is that physically challenged daughter of the complainant, aged about 21 years, used to reside at the residence. On 20.4.2014 when complainant and his wife Munesh went to the field for work; at about 6.00 p.m. (evening) accused, who lives in the neighbourhood, entered into the complainant's house and forcibly took the physically handicapped and dumb girl on his lap and entered into the room and locked all the doors of the house and thereafter committed rape upon her. It is also alleged that at about 6.30 p.m. (evening) Mulayam Singh Saini, son of the complainant, after closing his shop returned to his house and found that house was closed by all sides. Anyhow he entered into the house after jumping from the wall and saw the accused in a compromising position with his sister. The accused had unclothed her sister. On seeing the brother of the victim, accused ran away from the house. He was chased but could not catch hold of him. Thereafter son of the complainant narrated the incident to his father. A written report has been scribed by one Charan Singh Saini which was submitted to the police station, but the police did not take any action. Thereafter an application under Section 156(3) Cr.P.C. was moved and FIR was lodged on 17.07.2014 at about 11.15 a.m. as Case Crime No.144 of 2014, under Sections 452, 376 I.P.C. against accused Nathi Ram.

(3.) Investigation was conducted; site plan was prepared; after completion of the investigation charge sheet was filed against accused Nathi Ram under Sections 452, 376 I.P.C. Charges were framed on 21.10.2015 which were denied by the accused and claimed trial.