GAJENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Present jail appeal has been directed by accused-appellant Gajendra against the judgement and order dated 08.08.2012 passed by Govind Ballabh Sharma, Additional Sessions Judge, Court No.3, Ghaziabad in Session Trial No.1281 of 2011 (State Vs. Gajendra Singh) under Section 376 and 506 IPC, P.S. Loni, District Ghaziabad. By the impugned judgement and order dated 08.08.2012, accused-appellant Gajendra has been convicted under Section 376 I.P.C. and sentenced to imprisonment for life with a fine of Rs.1,00,000/- and in default of payment of fine, he shall undergo one year additional rigorous imprisonment; and further he has been convicted under Section 506 I.P.C. and sentenced to rigorous imprisonment for seven years with a fine of Rs. 5,000/- and in default of payment of fine, two years additional rigorous imprisonment.

(2.) Brief facts of the case emerging in First Information Report (hereinafter referred to as "FIR") is that PW-1 Madhubala wife of Gajendra submitted a written report, Ex.Ka-1, in Police Station Loni, District Ghaziabad, stating that on 09.06.2011 at about 3:00 PM, she had gone to market to purchase vegetables. Her husband i.e. accused-appellant Gajendra and her minor daughter aged about 14 years (victim's name is withheld by us) were present in the house. When she returned after taking vegetables, she saw that genitals of her daughter was bleeding and she was weeping. On being asked, she told that accused-appellant (father of victim) committed rape with her and put wooden cylinder (Lakadi ka Belan) in her genitals. When she asked her husband, why he has done so, he threatened her to kill, due to which she was afraid and remained silent. She went to her parental house with victim daughter and narrated entire story to her family members. Thereafter, she got victim medically examined in a private hospital, later due to not getting any relief, she took her in G.T.B. Hospital, Sahadara, Delhi.

(3.) On the basis of written report Ex.Ka-1, Constable Rahul Kumar (not examined), registered Chick F.I.R. Ex.Ka-5 as Case Crime No. 708 of 2011, under Section 376 and 506 I.P.C. against accused-appellant. Entry of case was made by him in General Diary, copy whereof is Ex.Ka-6.