ASHISH AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 24.10.2013 passed by the learned Additional Sessions Judge, Court No. 6, Kanpur Dehat/Ramabai Nagar in Sessions Trial No. 468 of 2011 (State v/s. Ashish and others) arising out of Case Crime No. 328 of 2011, under Ss. 376, 506 I.P.C., Police Station Bilhor, District Kanpur Nagar, whereby the accused appellants Ashish and Baoua have been convicted and sentenced to ten years' rigorous imprisonment and a fine of Rs. 10,000/ - each under Sec. 376(2)(g) I.P.C. with default stipulation. Out of the fine so deposited by the appellants, a sum of Rs. 10,000/ - was directed to be paid to the victim.

(2.) In short compass, the case of the prosecution as unfolded by the prosecution is that on 03.08.2011, an application was moved by Surendra Tiwari, to the District Inspector General of Police, Kanpur, Exhibit Ka -1 to the effect that when his daughter was alone in the house, at that time regional musslemen Baoua, Ashish and Rinku had forcibly committed rape on her and also threatened her to kill if she told this matter to anyone. She is under fear. On being pregnant, the accused are trying to get her aborted. When he tried to go the police station, accused stop him in the way. On the basis of the aforesaid written report and on the order of Deputy Inspector General, the Station Officer, Bilhor, has prepared Chik FIR against the accused Ashish, Baoua and Rinku at case crime No. 328 of 2011, under Ss. 376 and 506 I.P.C. at 05:05 P.M., Exhibit Ka -4, which was entered into GD, Exhibit Ka -5.

(3.) After the registration of the case, Station Officer, Santosh Kumar Tiwari, PW -10 has recorded the statement of the victim and got the victim medically examined. He also received medical report, supplementary report and certificate regarding age of the victim. On the pointing out of the informant, he prepared the site plan as Exhibit Ka -13. On 11.08.2011, he arrested the accused Baoua and recorded his statement. He also got the statement of the victim recorded under Sec. 164 Cr.P.C. Thereafter, the Investigating Officer has been transferred and the remaining investigation was conducted by S.I., Nagesh Upadhyay, PW -7. This witness on 26.08.2011 and 13.09.2011 arrested the remaining accused Ashish and Rinku and recorded their statements. After completing the necessary formalities, on the basis of sufficient evidence, the Investigating Officer has submitted the charge sheet against the accused persons under Ss. 376 and 506 I.P.C., Exhibit Ka -10.