- (1.) THIS criminal appeal has been filed by the sole appellant Sanjay against the judgment and order dated 14-12-1999 passed by learned Additional Sessions Judge, XIIIth Ghaziabad in Sessions Trial No. 70 of 1999, State v. Sanjay, where by the learned Sessions Judge found the appellant guilty of charges against him under Section 376 Indian Penal Code and sentenced him to undergo imprisonment for life alongwith fine of Rs. 5,000/- and in default of payment of fine, to undergo six months' rigorous imprisonment. It was further ordered by the learned Sessions Judge that out of the fine deposited by the appellant Rs. 4,000/- would be paid to the victim.
(2.) ACCORDING to the prosecution story, Smt. Rajbala wife of Khilari Singh, resident of 519 Kirtan Wali Gali, Bazaria, Ghaziabad, on 11-11-1998 at 6. 35 p. m. , went to the Police Station Kotwali, Ghaziabad and lodged an oral report (Ex. Ka-1 ). As per this report, Smt. Rajbala, as usual, on that date had gone in the Mohalla for doing menial job. Her younger daughter, the victim, aged about nine years, came back home at about 2. 30 p. m. from school. Her elder daughter Km. Seema, aged about twelve years, was also present in her house. Her 'devar' Sanjay, who used to live in the adjacent house, came to the house and with an evil intention, he took the victim inside the room. Sanjay made the victim lie on Nivar cot. He took out underwear of the victim and after lifting her skirt raped her. The victim started crying. At that time Smt. Rajbala reached home and she alongwith elder daughter Km. Seema ran into the room and saw Sanjay committing rape upon the victim. This occurrence took place at 2. 00 p. m. Smt. Rajbala and her daughter tried to catch the appellant but appellant Sanjay pushed them and succeeded in running. The clothes of the victim were soaked in blood. The blood was also found on the bed sheet. It was further stated by Smt. Rajbala in her report that her husband kept Thela of Chhole chawal on railway road. She went in search of him but in vain. She had also taken the victim to the police station. P. W. 5, C. C. 999 Rajpal Tyagi wrote chik F. I. R. (Ex. Ka-1) on the dictation of Smt. Rajbala and entered the details in G. D. as per the Ex. Ka-8. S. I. Ajai Kumar Gautam (P. W. 4), after registration of the case took up the investigation, recorded the statement of the complainant and on 12-11-1998, arrested the appellant. He also recorded the statement of the victim and other witnesses. He also got the statement of the victim recorded under Section 164, Cr. P. C. and after preparing the site plan (Ex. Ka-5), had taken into possession the underwear of the victim and prepared its memo (Ex. Ka-6 ). After investigation, he submitted the charge- sheet (Ex. Ka-7) against the appellant.
(3.) THIRD Additional Chief Judicial Magistrate, Ghaziabad, vide order dated 12-1-1999, committed the case to the sessions and the charge against the appellant under Section 376, Indian Panel Code was framed by XIIIth Additional Sessions Judge, Ghaziabad, on 26-3-1999. The appellant pleaded not guilty to the charge and claimed trial. The prosecution, to bring home guilt of the appellant, examined victim Km. Priti as P. W. 1, Smt. Rajbala (P. W. 2), informant of the case and mother of the victim, Doctor Pushp Lata (P. W. 3), who medically examined the victim on 11-11-1998, P. W. 4 Investigating Officer of the case Ajay Kumar Gautam and constable Rajpal Tyagi, who wrote the chik F. I. R. on dictation of Smt. Rajbala as P. W. 5.;