MOHAMMAD ABRAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal, under Section 374 (2) of Code of Criminal Procedure, 1973 (In short, hereinafter, referred to as ''Cr.P.C.'), has been filed by the convict-appellant, Mohammad Abrar, against the judgment of conviction and sentence, awarded therein, by the court of Additional Sessions Judge, court no.6, Muzaffar Nagar, in Sessions Trial No.1566 of 2010, arising out of Case Crime No. 64 of 2010, under Sections 376 and 506 of Indian Penal Code (hereinafter, in short, referred to as ''IPC') of Police Station-Mirapur, District-Muzaffar Nagar, with a prayer for setting aside impugned judgment of conviction and sentence, awarded therein. Thereby, awarding acquittal, for offences, charged with.

(2.) Grounds of challenge, taken in the Memo of Appeal, are that the judgment and order of conviction and sentences, awarded therein, was made without appreciating evidence on record, resulting finding perverse. It was based on surmises and conjectures. Medical evidence was not in support of the prosecution case. There was deliberate delay of more than twenty nine days in lodging first information report because the incident was of 12.1.2010 and the report was of the same was lodged on 31.1.2010. This itself creates doubt on the prosecution version and lead it into peril of suspicion. Judgment of conviction and sentence, awarded therein, was against facts, law and evidence and it was a conviction, not in commensurate to the degree of offence. Hence, a prayer for quashing of the impugned judgment and order, dated 7.5.2014, passed by the court of Additional Sessions Judge, Court No.6, Muzaffar Nagar, in Sessions Trial No.1566 of 2010, arising out of Case Crime No. 64 of 2010, under Sections 376 and 506 of IPC of Police Station-Mirapur, District-Muzaffar Nagar, and to acquit the appellant from the charges levelled against him, was made.

(3.) From very perusal of the impugned judgment and record of Trial court, it is apparent that the first information report, Exhibit Ka-1, was presented before the Senior Superintendent of Police, Muzaffar Nagar, on 31.1.2010, whereupon, order of Senior Superintendent of Police, Muzaffar Nagar, was passed for getting prosecutorix medically examined and taking appropriate action in the matter, upon which, Case Crime No. Nil of 2010, under Sections 376 and 506 of IPC was got registered, at Mahila Thana, Distrct Muzaffar Nagar. Chik FIR, Exhibit Ka-7, was prepared, with a copy of General Diary Entry of registration of this case crime number, Exhibit Ka-8. Since place of this occurrence was within the jurisdiction of Police Station-Mirapur, hence, this case was remitted to that Police Station-Mirapur, where it was entered as Case Crime No.64 of 2010, for offences, punishable, under Sections 376 and 506 of IPC, by making its entry in General Diary, Exhibit Ka-2 of above Police Station, wherein, investigation was deputed to Sub Inspector, Layak Ram. Prosecutorix was got medically examined on 31.1.2010, at District Hospital, Muzaffar Nagar. Her Medico Legal Report, Exhibit Ka-3, Ossification report regarding her age, Exhibit Ka-4, X-ray, Exhibit Ka-5 were got prepared. Her statement was recorded on 31.10.2010 and spot was got inspected upon pointing of victim-prosecutorix, whereupon, spot map, Exhibit Ka-9, was got prepared. Thenafter, investigation was transferred to Sub Inspector, Mitrapal Sen, who detained accused, Mohammad Abrar on 17.2.2010. His statement was got recorded and after investigation, a conclusion was drawn for commission of offence, as above, punishable, under Section 376 and 506 of IPC. Hence, chargesheet, Exhibit Ka-6, was submitted by the Investigating Officer before the Chief Judicial Magistrate, Muzaffar Nagar, upon which cognizance was taken by the Chief Judicial Magistrate, Muzaffar Nagar, for offecnes, punishable, under Sections 376 and 506 of IPC. As offence, punishable, under Section 376 of IPC, was triable before the court of Sessions, hence, this file was committed to the court of Sessions, vide order of the Chief Judicial Magistrate, Muzaffar Nagar, where, this Sessions Trial was entered in the Register of Sessions Cases. Subsequently, this file was allocated to the court of Additional Sessions Judge/Fast Track Court No.1, Muzaffar Nagar, where the Presiding Judge, Shamsher Khan, framed charges in vernacular, English Translation of which, done by the Court, is being reproduced below: