JAI RAM HARIJAN Vs. STATE OF U P

JUDGEMENT

(1.) Present Jail Appeal is directed against judgment and order dated 03.07.2015 passed by Additional Session Judge, / Fast Track Court, Gorakhpur in Session Trial No. 104 of 2011 (State Vs. Jai Ram) under Sections 376, 506 Penal Code and 7 Criminal Law Amendment Act., Police Station Gagha, District Gorakhpur, whereby Trial Court has convicted accused Jai Ram and sentenced him to life imprisonment and a fine of Rs.50,000.00 under Sec. 376 Penal Code while acquitting accused under Sec. 506 Penal Code and 7 Criminal Law Amendment Act.

(2.) Prosecution case in short is that PW-1 Smt. Kuma presented a written report (Exhibit Ka-1) in the police station concerned stating therein that on 12.11.2010 at about 7.00 p.m., she was cooking food inside the house while her daughter (victim name withheld by us) aged about 10 years was playing on the door. She called her to take meal but getting no response, she came out of her house and found her nowhere. By that time her nephew Arvind also came. She along with Arvind went in her search to garden (Bagg). On being heard scream of victim, she saw in the light of torch that accused-Jairam was committing rape on her daughter. On seeing them coming, he began fleeing from spot. In the meantime Baiju and Ajai (both not examined) came there and saw accused-appellant Jairam running from there. Her daughter was lying down and her genital was bleeding. PW-1 went to Police Station concerned along with victim and her nephew to lodge the F.I.R..

(3.) On the basis of written report (Ex. Ka-1) supported by P.W.-1, Chik FIR (Ex. Ka-10) was registered by C.O. Yogendra Ram (not examined) in police station being Case Crime No.863 of 2010 under Sections 376, 506 Penal Code and 7 Criminal Law Amendment Act..