MURARI LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal by the sole appellant Murari Lal emanates from judgment and order dated 7.11.2005 rendered by Additional Sessions Judge (FTC-1) court no.10, Mathura in S.T. No.425 of 2005, State Vs. Murari Lal under Section 376/506 IPC, P.S. Barsana, district Mathura. Learned trial Judge found appellant guilty on both the counts and had sentenced him to 10 years R.I. with Rs. 5000/- fine on the first count and one year R.I. and Rs.500/- fine on the second count. In default of payment of fine on the first count appellant was directed to serve out one year additional rigorous imprisonment, whereas in default of payment of fine on the second count he was directed to serve one month further R.I.

(2.) Narrative of the prosecution case came through the written FIR, Exhibit Ka-1 and the depositions of two fact witnesses informant Smt. Nirmala Khandelwal PW.1 and prosecutrix victim P.W.2, perusal of which indicates that the informant is a Small Savings agent in Post Office and resided in the house of Khema Munim since last six years. Prior to it, she resided in the house of brother of Khema Munim. On the incident date 7.6.2005, she had gone to Barsana Post Office regarding the Small Saving Scheme leaving her daughter P.W.2 asleep in the house. After collecting instalments of the Small Savings Scheme, when she returned back to her house at 5 p.m., she came to know that her daughter is in a precarious state. She was shown to a nurse immediately. On inquiry being made, the victim prosecutrix informed her mother that it was the appellant, who had bolted both the doors of her house, gagged her mouth with a cloth and after threatening her with life that the appellant had outraged her chastity and modesty. P.W.1 Smt. Nirmla Khandelwal initially got treated her daughter and thereafter on 11.6.2005 inked her F.I.R., Exhibit Ka-1 and went to the police station Barsana and lodged her F.I.R. on that date 11.6.2005 at 11 a.m.

(3.) Head Mohrir Kailash Chand P.W.5 registered the crime by preparing Chik F.I.R., Exhibit Ka-6 and G.D. Entry, Exhibit-Ka-7. S.I. Hosiyaar Singh P.W.6 commenced the investigation into the crime, who firstly copied the Chik F.I.R. and G.D. Entry and thereafter recorded 161 Cr.P.C. statements of the informant and the prosecutrix P.W.1 and P.W.2. Spot inspection was conducted thereafter and site plan, Exhibit Ka-8, was prepared. On 12.6.2005, appellant was arrested and was produced in Court on 12.6.2005. The medical report of the victim prosecutrix was received and was copied in the case diary. Pathological and supplementary report was received to the I.O. on 16.6.2005, who copied it in the case diary. On 17.6.2005, 164 Cr.P.C. statement of the victim prosecutrix was got recorded in the Court of ACJM-III, Mathura. After interrogating doctor and concluding investigation, I.O. filed the charge-sheet against the appellant on 28.6.2005, vide Exhibit Ka-9.