Surendra Vikram Singh Rathore, J. - (1.) UNDER challenge in this appeal is the judgment and order dated 11.1.2012 passed by learned Additional Sessions Judge, Court No. 12, Hardoi in Sessions Trial No. 22 of 2011 arising out of case crime no. 730 of 2010, Police Station Pihani, District Hardoi, whereby the appellant was convicted for the offence under Section 376 and 306 I.P.C. and was sentenced for the offence under Section 376 I.P.C. with rigorous imprisonment for a period of seven years and also with fine of Rs. 3,000/ -with default stipulation of two months additional imprisonment. For the offence under Section 306 I.P.C. he was sentenced to undergo rigorous imprisonment for a period of seven years and also with fine of Rs. 2,000/ -with default stipulation of one month additional imprisonment. In the instant case, charge sheet was filed by the police under Section 376/511 and 306 I.P.C., accordingly charges were framed. However, during trial, on the basis of evidence of PW -1, vide order dated 23.4.2011, charge was altered from 376/511 I.P.C. to 376 I.P.C.
(2.) IN brief the case of the prosecution as per F.I.R. was that the victim was the daughter of the complainant. On 1.10.2010 in the evening, the victim aged about 19 years, was managing smoke near the cattles meanwhile the appellant reached there and was outraging her modesty. In the meantime, the complainant reached there and appellant Ramoo ran away from there. The complainant went to his house along with the victim and also pacified her. In the same night, the victim committed suicide. Thereafter F.I.R. of this was lodged on 2.10.2010 at 12:10 p.m. at Police Station Pihani. On the basis of this F.I.R., the case was registered and investigation started. Inquest proceedings were conducted, place of occurrence was inspected by the Investigating Officer. The dead body of the victim was sent for postmortem. The postmortem was conducted on 3.10.2010 at 4:00 p.m. In the postmortem report, the age of the victim was described as 17 years and following injuries were found on her person: - (i) A ligature mark of size 24 c.m. X 2 c.m. situated high up around the neck, leaving a gap of.6 c.m. on left side of neck near angle of mandible, mark is grooved hand leathering on dissection subcutaneous tissues found dry while glistening with congested margin. (ii) Abrasion 1 c.m. x.5 c.m. on front of vulva above elloris. Hymen ruptured. In the opinion of doctor, the cause of death was asphyxia as a result of hanging. After investigation, charge sheet was filed under Section 376/511 and 306 I.P.C.
(3.) THE case of the defence was that he has been falsely implicated in this case due to enmity. Prior to this incident, father of the appellant had lodged an F.I.R. against elder brother of the complainant for the allegation of firing on him and elder brother of the complainant Kishnu, who has been examined in this case as PW -3 was facing trial in the said case.;