SURENDRA VIKRMA SINGH RATHORE, J. - (1.) HEARD learned counsel for the appellant, Mr. Sharad Dixit, learned A.G.A. for the State and perused the lower court record.
(2.) UNDER challenge in this appeal is the judgment and order dated 12.9.2005 passed by learned Additional Sessions Judge/Fast Track Court Ambedkar Nagar in Sessions Trial No. 8 of 2003 arising out of Case Crime No. 25 of 2002, Police Station Bhiti, District Ambedkar Nagar whereby appellant was convicted for the offence under Section 376 I.P.C. and was sentenced with imprisonment for life and also with fine of Rs. 1,00,000/ - (Rs. One lac) with default stipulation of five years additional imprisonment. Out of the said fine, amount, Rs. 50,000/ - (Rs. Fifty Thousand) was to be paid to the victim of the offence. He was further convicted for the offence under Section 506 I.P.C. and was sentenced to undergo rigorous imprisonment for a period of five years and also with fine of Rs. 10,000/ - with default stipulation of one year rigorous imprisonment.
(3.) IN brief the facts necessary for the present appeal may be summarized as under: - "Complainant Smt. Suman lodged an F.I.R. at Police Station Bhiti on 5.5.2002 at 6:30 p.m. alleging therein that her two daughters were coming back to the village after seeing dance from Pande Ka Purwa. In the way appellant Mokha forcibly dragged the victim inside sugarcane field of Akhand Pratap Singh and committed rape with her at about 5:00 p.m. The complainant hearing her cries, ran towards the said sugarcane field and saw that the appellant was running away from the place of occurrence and he also extended threats of dire consequences to the complainant. The victim was crying. Thereafter the complainant along with the victim came to the police station and lodged F.I.R. of this case. The victim was referred for her medical examination, which took place at P.H.C., Akbarpur. Her medical examination was conducted by PW -3 Dr. Jai Shree Gupta on 7.2.2002 at 2:30 p.m. and according to the medical examination report of the victim following findings and injuries were found on her person: - Teethes were 10/10. Breast were not developed. Axillary hairs not developed. No mark of injury on abdomen was found. Pubic hairs were not developed. No mark of injury on labia majora. Hymen was torn posteriorly on both sides extends upto point of attachment at the edge of vagina. The edges were red swollen and painful, which were bleeding on touch. There was no oozing of blood from vagina. Vaginal orifice admited only index finger with difficulty. Vaginal smear slides were prepared and the same were sent for pathological test." The victim was referred to P.H.C. Akbarpur for determination of her age. Her medico -legal examination was done on the same day at P.H.C. Akbarpur at 3:55 p.m. and no mark of injury was found on her body except the parts examined by the Lady Medical Officer of P.H.C., Akbarpur. The statement of the victim was recorded under Section 164 Cr.P.C. on 19.2.2002. The appellant absconded, therefore, his property was attached on 20.4.2002 and after attachment of the property, charge sheet was forwarded on the same day. The appellant even thereafter absconded and perusal of the record shows that ultimately he surrendered on 8.1.2003 i.e. after about one year of the occurrence. The case of the defence was that he has been falsely implicated due to enmity of the land dispute and no such incident had taken place. The victim has given false evidence as tutored by her mother. It has also been pleaded in defence that this false F.I.R. has been lodged on the instigation of Ghanshyam Gupta, who happens to be the husband of the Village Pradhan and also on the instigation of one Ganga Dhar Singh of the village.;