RAJU Vs. STATE OF U.P.

JUDGEMENT

(1.) The present criminal appeal is directed against a judgement and order dated 7/8-12-2011 passed by the Additional Sessions Judge (Ex-Cadre), Rampur in Sessions Trial No. 202 of 2010 arising out of Case Crime No. 2056 of 2009 under Section 376 IPC, Police Station Ganj, District Rampur. By the impugned judgment and order learned Additional Sessions Judge has convicted and sentenced the accused-appellant Raju to ten years RI and a fine of Rs. 30,000/- (rupees thirty thousand) only. In case of default the appellant was further directed to undergo one year additional imprisonment.

(2.) The brief facts giving rise to the present appeal are that the written report Ext. K-1 was given by informant Shafi Ahmad, son of Ahmad Nabi on 25.11.2009 at the Police Station Ganj District Rampur at 5.30 pm. to the effect that his daughter victim (name withheld) had gone to the house of one Khalil Bhai for study. At about 4.30 PM, Mullani wife of Khalil Bhai sent the victim to a shop, which was situated in Mohalla to buy certain goods, when victim was on her way, accused-appellant met her and asked her as to where is she going. The victim replied that she is going to fetch certain article for Mullani. The accused-appellant on pretext to buy certain goods for him, took her to his house. He was alone in the house. After closing the door from inside, he committed rape on her. Victim cried, but the accused did not listen to her. After committing the rape, the accused fled away after leaving the victim outside the door. Mohammad Jaan and Farooq had seen the victim and accused-appellant coming out of the house. When the victim came back to her house, she narrated the entire story to her parents. On the basis of aforesaid report, Ext. K-1 , a Chik F.I.R. Ext. K-6 was registered at Case Crime No. 2056 of 2009 under Section 376 IPC, at Police Station Ganj, District Rampur by Head Moharrir Akhtar Ali PW-6, who had also made necessary G.D. entry vide Ext. K-7.

(3.) After the registration of the case, the law set into motion and the case was entrusted to Sub-Inspector Krishna Pal PW-7 for investigation, who inspected the spot and prepared side plan Ext. K-8. He also took into the possession the Salwar of the victim, which she was wearing at the time of incident and prepared a memo Ext. K-2. The investigating officer has recorded the statement of the victim and one Fahim. He arrested the accused-appellant on 26.11.2009 and interrogated him in the police station. After completing the investigation, the investigating officer submitted the charge-sheet against accused-appellant under Section 376 IPC, which he proved as Ext. Ka-10.