VIJAY PAL Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been preferred against the Judgment and order dated 26.8.2014 passed by the learned Additional Sessions Judge, Court No. 1, Basti in S.T. No. 8 of 2013, State Vs. Arjun Sonkar and others, arising out of Case Crime No. 382 of 2012 under Section 376 (2)(g) I.P.C., Police Station Nagar, District Basti, whereby the accused Vijai Pal has been convicted and sentenced to undergo 10 years' rigorous imprisonment and a fine of Rs. 10,000/- under section 376(2)(g) IPC with default stipulation. Out of the fine deposited by the accused, half of the same was directed to be paid to the victim.

(2.) Brief facts as unfolded in the prosecution case and F.I.R. are that an application was moved by the victim Smt. Baby addressed to the Superintendent of Police, Basti stating that on 11.11.2011 at 8 p.m. when she went to attend the call of nature, suddenly the accused Arjun and Vijai Pal caught her and raped her. When she came back to her house, she narrated the occurrence to her mother-in-law. On the next day, she went to the police station and narrated the occurrence but no action was taken, hence, she moved an application before the Superintendent of Police. On this application on the orders of the Superintendent of Police, a case at Crime No. 382 of 2012 under Section 376 I.P.C. was lodged by Constable Tilakram Gautam in chik (Ext. Ka-5). The matter was scribed in the G.D. which was proved as Ext. Ka-6 by P.W. 4 Constable Tilak Ram Gautam. Investigation of the matter was entrusted to Sub Inspector Ram Shanker Tiwari, who commenced the investigation. During investigation, he ensured the recording of statement of the victim. He recorded the statement of the informant, inspected the spot, submitted charge sheet against the accused and prepared proved it as Ext.-Ka-7. He further proved the site plan as Ext. Ka-8.

(3.) The prosecution examined as many as six witnesses. P.W. 1 is Baby, the victim, who proved the copy of application given to S.P. as Ext. Ka-1, application moved before the Magistrate as Ext.Ka-2, affidavit as Ext. Ka-3 and her statement recorded under Section 164 Cr.P.C. as Ext. Ka-4. P.W. 2 is Ishwar Chandra, who is the husband of the victim. P.W. 3 is Prabha Devi. P.W.4 is Constable Tilakram Gautam. P.W. 5 is S.I. Ran Vijai Singh and P.W. 6 is S.I. Ram Shanker Tiwari.