AMIT KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Instant appeal has arisen against the judgment and order dated 31.10.2006 passed by learned Additional Sessions Judge, Fast Track Court, Barabanki in ST No.38/2003, arising out of case crime no.65/2002, Police Station Masauli, District Barabanki, wherein the accused was convicted under section 376 and sentenced to imprisonment for life and fine of Rs.25000/-, out of which Rs.15000/- was to be paid to the victim as compensation. In default of payment of fine accused has to undergo simple imprisonment for six months.

(2.) According to the prosecution version, a first information report was lodged at police station Masauli district Barabanki on 23.5.2002 by Umesh Chandra Verma, father of the victim stating that he had come to village Nyaula to attend the marriage of the daughter of his maternal uncle namely Ram Chandra Verma. His mother, younger brother Narendra Kumar and daughter of Narendra Kumar, aged about three years namely "X" also accompanied him. At about 09:30 PM on 22.5.2002 when marriage ceremonies were being solemnized victim eloped in the crowd. She was searched. When they reached in a field near canal one person started running, who was caught at about 01:30 AM. His name was Amit Kumar. Condition of the victim was serious. Blood was oozing from her private parts. Complainant came to the police station with written report and the accused. First information report was lodged. Victim was medically examined on 23.5.2002 at 04:00 AM wherein a linear tear was present over perinnium of about 4 cm in length involving vagina, labia minora and reaching up to anus. Perinnium muscles are exposed. Fresh bleeding present from the wound. Tender fecal matter is also seen over the wound. Whitish secretion is present over valva. Victim was admitted to the Gandhi Memorial and Associated Hospital, Lucknow on 23.5.2002 and was discharged on 31.5.2002. In the discharge summary diagnosis was third degree perinnial tear (alleged rape). Site plan was prepared. After investigation charge sheet was submitted against the accused.

(3.) Accused was charged under section 376 IPC who denied the charges and claimed trial.