- (1.) Challenge in this appeal is to the judgment and order dated 19.03.2013, passed by Additional District and Sessions Judge, Court No. 15, Muzaffarnagar, in Sessions Trial No. 923 of 2005 (State vs. Bhopal Singh & Others), arising out of Case Crime No. 263 of 2005, under Sections 376, 323, 506 I.P.C., Police Station Budhana, District Muzaffarnagar, whereby the accused Smt. Rajesh was acquitted for the charges framed against her under Sections 323 and 506 I.P.C. Further, the accused Bhopal Singh and Sunny were found guilty under Section 376 I.P.C. and each were sentenced to 10 years' rigorous imprisonment along with fine of Rs. 25,000/- with default stipulation.
(2.) Filtering out unnecessary details, the prosecution case in brief is that the informant has lodged a report on 14.03.2005 stating that she was aged about 20 years and was living with her aunt and uncle (Bua and Foofa) since when she was one year old. They had adopted her from her real parents who were living in Meerut but they had not adopted her legally. Her real elder brother Sunny used to live with her real parents at Meerut. In 1997, when the victim was studying in class 8th and she was about 12 to 13 years of age, her aunt (Bua) went to her grand mother's house for 2 to 3 days to Muzaffarnagar. Her aunt and uncle (Bua and Foofa) did not have any children, hence they treated the victim as their child and the victim also treated his aunt and uncle (Bua and Foofa) as her parents. Only these three people used to live in the house. In the absence of her aunt (Bua), her uncle (Foofa) started sexual abuse of the victim. Initially the victim felt very unnatural, unsafe and wrong but her uncle (Foofa) used to sexual assault her, when she was in deep asleep. Often during the night, her uncle (Foofa) used to press her mouth and neck and used to threatened her not to tell anything to anybody. He also threatened her that if she would tell this incident to her aunt (Bua), then she would beat her badly. The victim thought that nobody would believe her due to which she was very much frightened. Often, after getting opportunity, her uncle (Foofa) used to rape her and threatened her. Due to all these things, the victim was mentally disturbed. She started keeping quiet. She could neither concentrate on her study nor she could understand what to do. At times, she thought of leaving her house or to commit suicide. During that period, in the summer vacation, she went for 15 days to Meerut to live with her real parents. Her father was a Head Constable in the U.P. Police, who did not live with the family. He was being transferred due to his service. In the absence of real mother of the victim, her real elder brother Sunny also started raping her. Her real brother raped her and sexually assaulted her till 2004. Whenever, she tried to resist her brother, he used to beat her. In March 2004, Sunny got married. In April 2004, when the victim went to her house, her brother Sunny again tried to made physical relations with the victim. The victim collected courage and said that she would tell all the facts to everybody. On 14.02.2005, at 05:30 A.M., when her aunt (Bua) went out for a walk, her uncle (Foofa), again raped her. On 18.02.2005, at 06:00 A.M., she narrated the whole incident to her real mother and also told her about the activity of rape by her uncle (Foofa) and her real brother Sunny. At this, her mother told her that she should tell about the act of her uncle (Foofa) to her aunt (Bua) but told her not to say anything about the act of her brother Sunny. On the same day at 10:00 A.M., she told everything to her aunt (Bua). Her aunt (Bua) told her that why she told the whole occurrence to her real mother and the victim herself was at fault. Her aunt (Bua) called her mother telephonically and they decided that nobody should come to know about these facts. Instead of helping the victim, her aunt (Bua) beat the victim by slippers. At this, her uncle (Foofa) came in the room. Her aunt (Bua) also threatened to assault her husband with the knife. She asked her husband, why he had raped the victim. For some days, there was tension in the house and the victim was made to feel that only she was at fault. The next day, the aunt (Bua) of the victim talked to the real mother of the victim. The aunt (Bua) told the victim that her mother has suggested that the victim be killed so that both the families could be saved from ill repute. The victim decided that she should take some steps to save her life. She had noted the telephone number of "Mahila Aayog" when the television was displaying the "Radio Mirchi" channel. She telephoned to the "Mahila Aayog" from where she was given the telephone number of "Jago Ri Organization", a latest organization. On 02.03.2005, the victim wrote a letter in the name of her cousin Ashish, in which she wrote all the incident and also the reason why she was leaving her house. Finding no other alternative, she took out Rs. 5000/- and left the house without telling her aunt and uncle (Bua and Foofa). At about 12 O'clock, without any information, she left the house with Rs. 5000/- and two books. On 2nd March, in the evening, she reached Delhi. She requested "Jago Ri Organization" to help her morally and legally. This information sent by the "Jago Ri Organization" was registered as first information report at the police station.
(3.) The prosecution examined as many as seven witness. PW-1 is the victim, who proved her written report as Exhibit Ka-1. PW-2 is Dr. Manorama Gupta, who examined the victim. The doctor did not find any external or internal injuries on the body of the victim. The hymen was old torn. The vagina was admitting two fingers easily. The doctor has proved the medical report as Exhibit Ka-2. PW-3 is Constable Clerk Sheesh Kunwar, who has stated that the first information report was received to the S.S.P., Muzaffarnagar through "Jago Ri Organization" along with covering letter. Thus, report was registered. This witness has proved the chik report as Exhibit Ka-3 and the copy of G.D. as Exhibit Ka-4. PW-4 is Additional S.P. Ruchita Chaudhary, who conducted the part of the investigation. She recorded the statement of the victim and inspected the spot. This witness has further prepared the site plan which was proved as Exhibit Ka-5. PW-5 is S.O. Akla Pawar, who conducted the investigation. She copied the chik report in the case diary, recorded the statement of the accused. The statement of the informant was recorded on 16.04.2005. The medical report of the victim was received by this witness who copied it in the case diary. When the victim was requested to get the spot inspected, she refused on the ground that there was danger to her life. PW-6 is Shailendra Lal, who also conducted the part of the investigation. On 30.08.2006, he recorded the statement of Smt. Rakesh, one of the accused. The investigation was ended into a charge sheet, which was proved by this witness as Exhibit Ka-6. PW-7 is Poonam, who is said to be the witness of fact.;