- (1.) Challenge in this appeal is to the Judgment and order dated 1.11.2014 passed by the Additional Sessions Judge, Court No. 1, Mahoba in S.T. No. 72 of 2013, (State Vs. Bhoora Yadav @ Rahul and others) arising out of Case Crime No. 367 of 2013 under Sections 363, 366 & 376 I.P.C. Police Station Charkhari, District Mahoba whereby the accused Brij Lal Dhimar was acquitted of all the charges whereas Bhoora Yadav @ Rahul and Ramjan were found guilty under Sections 363, 366 & 376 I.P.C. and each of them was sentenced to undergo ten years rigorous imprisonment alongwith fine of Rs. 10,000/- under Section 376 I.P.C.; five years rigorous imprisonment along with fine of Rs.10,000/- under Section 366 I.P.C.; and three years rigorous imprisonment along with fine of Rs.5,000/- under Section 363 I.P.C. with default stipulation.
(2.) As per the prosecution version brief facts of the case are that a written report was presented by informant Gorey Lal to the S.P., Mahoba on 17.4.2013 stating that he is resident of Imilya Dang, Police Station Charkhari, District Mahoba. On 9.4.2013 the daughter of the informant aged about 14-15 years had gone with him to get her medicine. After getting medicine, the informant was standing on the bus-stand and was waiting for some conveyance. But, he had forgotten to take some household goods, as such, as soon as he started going towards the market at 4 O'clock in the day time, the accused Bhoora Yadav, Brij Lal and Ramjan came on motorcycle and forcibly took away the victim on motorcycle. The informant raised hue and cry and informed the police on the same day but neither the report was registered nor her daughter was traced. Prior to this incident also, the accused threatened to kidnap the victim. On the basis of the written F.I.R., chik report was scribed by P.W.4 Constable Rameshwar Prasad, which was proved as Ext. Ka-6. Further this witness scribed the G.D. which was proved as Ext. Ka-7. The victim was medically examined by Dr. Rashmi Sharma (P.W.5), who did not find any external or internal injury on the body of the victim. The hymen was old torn. There was no discharge from vagina. This witness proved her medical report besides the supplementary report and pathological report as Exts. Ka-8, Ka-9 & Ka-10.
(3.) Investigation was entrusted to P.W.6 Ramlal Kaithal. He copied the chik report in the case diary along with the order of the S.D.M. Charkhari, who recorded the statement of the victim under Section 164 Cr.P.C. which was copied in the case diary along with other medical reports. On 28.4.2013 the statement of the informant Gorey Lal was recorded in the case diary and, on his pointing out, he inspected the spot and prepared the site plan, which was proved as Ext.Ka-14. On the same day, he obtained photo copy of the mark-sheet of the victim and made a mention of the same in the case diary. The copy of the mark-sheet was proved as Ext. Ka-3. On the same day, hearsay evidence was recorded. On 1.5.2013 the supplementary report of the victim was perused and copied in the case diary and the statement of the witness Kalla was recorded. On 3.5.2013 the statement of the victim was recorded. After that, this witness was transferred due to which further investigation was conducted by P.W. 7 Sri Prakash Singh. On 27.5.2013 he arrested accused Brij Lal and recorded the statement of Brij Lal in the case diary. On 28.5.2013 the accused Ramjan was arrested and his statement was recorded in the case diary. On 6.6.2013 after obtaining permission from the court, he recorded the statement of the victim recorded under Section 164 Cr.P.C in the case diary and on the same day, accused Bhoora was arrested and his statement was recorded. On 9.6.2013 the statement of the previous Investigating Officer was recorded and charge sheet was submitted against the accused which was proved by this witness as Ext.Ka-12. The papers relating to the arrest of the accused was proved by this witness as Ext. Ka-12 wrongly numberd Ka-13 and Ka-14.;