GYANENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The present jail appeal under Section 383 Cr.P.C. has been filed by accused-appellant Gyanendra Singh @ Raja Singh (hereinafter referred to as 'appellant') through Superintendent of Jail, Fatehpur against the judgment and order dated 16.9.2016 passed by Additional Session in S.T. No. 06 of 2016 (State vs. Gyanendra Singh @ Raja Singh) arising out of Case Crime No. 236/2015, Police Station (hereinafter referred to as 'P.S.') Chandpur, District Fatehpur, whereby he has been convicted U/s 376 (2) (f), 2 (i) I.P.C. and U/s 3/4 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act, 2012') and has been sentenced to undergo life imprisonment along with a fine of Rs. 25,000/- for offence u/s 376 (2) (f), 2 (i) I.P.C. and also has been sentenced for offence 3 / 4 of POCSO Act, 2012 for life imprisonment and fine of Rs. 25,000/-. In default of payment of above fine, he has to undergo two months of additional imprisonment for each fine.

(2.) The brief facts of prosecution case are that the accused-appellant Gyanendra Singh @ Raja Singh is father of victim (PW-2) (name of the victim is not being disclosed in this judgment) aged about 9 years. PW-1, Smt. Rajani @ Deepa is real mother of PW-2, victim whereas PW-3, Ram Naresh Singh @ Thakur Deen is grand-father of the victim. On 28.10.2015, at about 14:15 p.m., PW-1, Smt. Rajani lodged First Information Report (hereinafter referred to as 'F.I.R.') (Ex.Ka.1) at P.S. Chandpur, District Fatehpur alleging that she had gone to her parental house about two months ago with her youngest son Krishna, aged about 2 years, leaving her minor daughter, victim aged about 9 years and a son named Vishnu, aged about 4 years at her matrimonial house in the custody of her husband-appellant. On 22.10.2015 at about 8:00 p.m., her daughter victim was sleeping in her house. At that very time her husband Gyanendra Singh @ Raja Singh came to victim, enticed and took her away at the roof of the house where he committed rape with the victim, and detained her on roof by threatening her. In the morning when victim came down from the roof, narrated whole occurrence to her grand-father PW-3 Ram Naresh Singh. It has further been alleged that the whole occurrence was informed by PW-3 Ram Naresh to Informant on phone. After the occurrence, since appellant was absconding, PW-1, informant could not dare to go to her matrimonial house due to terror of the appellant. On 28.10.2015, she, by taking courageous steps, went to P.S. Chandpur, District Fatehpur with her father Ranjeet Singh, PW-3 father-in-law Ram Naresh Singh along with her daughter (victim) and filed a F.I.R. against appellant with prayer for medical examination of the victim. It has further been mentioned in the F.I.R. that a day before, Informant had gone to District Headquarter, Fatehpur where she was directed to approach P.S. Chandpur to lodge F.I.R. Upon such information, Chick F.I.R. (Ex.Ka.4) was prepared and the said information was entered in General Diary (Ex.Ka.5) at 14:15 p.m. and Case Crime No. 236/15, U/s 376 (2) (f), 2 (i) I.P.C. and 3/4 of POCSO Act, 2012 was registered against appellant Gyanendra Singh @ Raja Singh.

(3.) Investigation was undertaken by PW-7, Rajesh Kumar Singh, Investigation Officer (I.O). Victim was sent for medical examinationn and examined by PW-4, Dr. Manisha Shukla. According to her, no external injury was found on the body of the victim. On internal examination, there was a redness present over the labia minora in the vagina of the victim; Hymen was intact; Victim was then referred for x-ray examination in order to determine her age. She (PW-4) had prepared medical examination report (Ex.Ka.3). Oral, vaginal, vulval and anal swab were taken, slide was prepared and sent for pathological examination for D.N.A. test as well as for examination of spermatozoa.