CHHANNU ALIAS VIVEK Vs. STATE OF U P

JUDGEMENT

(1.) UNDER challenge in the instant criminal appeal is the judgment and order dated 03.09.2011 passed by learned Special Judge S.C/.S.T. (P.A. Act)/ Additional District and Session Judge, Court No.11, District Hardoi, in Sessions Trial No.846 of 2009 arising out of Case Crime No.430 of 2009, Police Station Pihani, District Hardoi, whereby the appellant -Chhannu alias Vivek was convicted for the offences under Section 376 (2) (Chha), 304, 120 -B IPC, and also in S.T. No.848 of 2009 arising out of Case Crime No.443 of 2009, under Section 3/25 Arms Act, Police Station Pihani, District Hardoi which was decided by a common judgment and the appellant Chhannu alias Vivek was acquitted of the charges under Section 3/25 Arms Act in S.T. No.848 of 2009 and accused Nepal was acquitted in S.T. No.846 of 2009 from the charges levelled against him. However, the appellant Chhannu alias Vivek was convicted for the offence under Section 376 (2G) and 304 part II IPC. For the offence under Section 376 (2G) IPC the appellant was sentenced to undergo rigorous imprisonment for a period of ten years and also with fine of Rs.5,000/ - with default stipulation of six months' additional imprisonment. For the offence under Section 304 Part II IPC he was sentenced to undergo rigorous imprisonment for a period of five years. Both the sentences were directed to run concurrently. There was one more accused Puneet in the instant case, as he was juvenile so his case was separated, as informed by the learned counsel for the appellant, and the same is still pending before the learned Juvenile Justice Board concerned.

(2.) THE facts necessary for the disposal of the present appeal are that one Sant Ram who happens to be the elder brother of the victim, had lodged an FIR on 18.06.2009 stating therein that on 15.06.2009 at about 1.00 p.m. the victim had gone to attend the call of nature in the sugarcane field of one Illiyas, where the brother -in -law (Saala) of one Guddu named Puneet and his cousin (present appellant Chhannu @ Vivek) reached and caught hold of the victim and committed rape with her. The incident was seen by one Mukul Son of Rahoop who raised alarm in the village then the complainant and other persons ran towards the place of occurrence and saw Puneet and Chhannu alias Vivek running away from the place of occurrence. They chased the accused persons but they went inside the house of Nepal. When these persons reached the house of accused Nepal then all the three persons ran away from there. The complainant was consulting with his family members. The condition of the victim deteriorated. When she was being taken to the hospital on 18.06.2009, she died. After her death, the FIR of this case was lodged by the brother of the victim, viz Sant Ram. It is pertinent to mention here that before the commencement of the trial, the complainant of this case Sant Ram also committed suicide. During investigation, the Salwar, Kurta and Dupatta of the victim were taken into custody by the police and its memo was prepared. Place of occurrence was inspected by the Investigating Officer and inquest proceedings of the dead body of the victim were also conducted on the same day and thereafter, dead body was sent for post mortem. Her post mortem was conducted on 18.06.2009 at 6.10 p.m. at District Hospital, Hardoi by Dr. Anoop Srivastava. As per the post mortem report, the age of the victim was reported to be 14 years only. Post mortem staining was present on the back and on both the buttocks. In vagina, clotted blood was also present and following ante mortem injuries were found.

(3.) IN the opinion of the doctor the death was caused due to coma as a result of ante -mortem head injury.