HONBLE SURESH KUMAR GUPTA,J. - (1.) This Jail Appeal has been arisen out of judgment dated 30.11.2015 passed by learned Additional Sessions Judge/Fast Track Court No. 2, Ghaziabad in Sessions Trial No. 1064 of 2013 in case crime no. 275 of 2013 in which the accused/appellant was convicted under Section 376, 342, 506 I.P.C. Appellant has been convicted and sentenced under section 376 I.P.C. for 10 years rigorous imprisonment alongwith fine of Rs. 20,000/- and in default of payment of fine two years additional imprisonment, under section 342 I.P.C. for six months imprisonment alongwith fine of Rs. 500/- and in default of payment of fine fifteen days additional imprisonment and under section 506 I.P.C. for 2 years rigorous imprisonment alongwith fine of Rs. 1000/- and in default of payment of fine, one month additional imprisonment. All the sentences shall run concurrently.
(2.) Brief facts of this case are as follows-: As per allegations in the F.I.R. victim with her mother came to home of maternal grand mother (Nani) at Hussainpur Muradnagar, Ghaziabad for harvesting of the wheat crops before few days from the date of occurrence. On 17.4.2013 at about 10:30 a.m. when victim was alone in her house of Nani, accused/appellant, Jonny @ Anuj Kumar, who lives in the neighborhood house, came and told that you have been called by his mother to come home. The victim/girl reached the house, where only accused/appellant was present and he forcefully hold the victim in the room and committed rape upon her. The victim kept screaming, but he did not listen to victim and carried out the incident by placing a gun on her temple. The appellant carried out this incident about 30 minutes and threatened that if she told anyone he would kill him. When the mother of the victim returned from the agricultural land the victim narrated the entire incident to her mother, then her mother lodged the F.I.R. in P.S.-Muradnagar, District- Ghaziabad on 17.4.2013 at 4:30 p.m.
(3.) After lodging the F.I.R. under Section 376, 506 I.P.C. Investigation of this case entrusted to S.I. Surendra Singh, on the pointing out of the complainant, Rajbiri, mother of the victim, the Investigating Officer, Surendra Singh, S.I. (P.W.-7) prepared the site plan as Ex. Ka-7 and on the place of occurrence in presence of the witnesses Madan Pal and Smt. Vidhya the Investigating Officer, Surendra Singh (P.W.-7) has recovered sari with blood stain and spermatozoa and prepared Fard recovery of Sari as Ex. Ka-8 and after that the victim was brought for medical examination at District Combined Hospital Sanjay Nagar, Ghaziabad. During the course of investigation supurdaginama of victim was prepared and victim was given into the custody of her mother. The Investigating Officer recorded the statements of the victim and other witnesses. The statement under Section 164 Cr.P.C. of the victim was also recorded before the Magistrate. After completing the formalities of investigation, the Investigating Officer filed the charge-sheet against the appellant under Sections 376, 342 and 504 I.P.C. as Ex. Ka- 12 and the same was submitted on 2.5.2013. After submitting the charge-sheet the case was committed by the learned C.J.M. To the learned trial court and learned trial court framed the charge under Section 376, 342 and 506 I.P.C. against the appellant/accused. The charge was read over to the accused/appellant and the appellant denied the charges levelled against him and claimed to be tried.;