SATENDRA KAUSHIK Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 10.07.2013, passed by Additional Sessions Judge, Court No. 3, Saharanpur, in Sessions Trial No. 445 of 2010 (State vs. Satendra Kaushik), registered as Case Crime No. 233 of 2010, under Section 376 read with Section 511 I.P.C., Police Station Kotwali Nagar, District Saharanpur, whereby the accused appellant was convicted and sentenced to five years rigorous imprisonment along with fine of Rs. 5000/- with default stipulation.

(2.) Filtering out unnecessary details, the prosecution case in brief is that a written report was lodged at the police station by the informant Neeraj Verma stating that his daughter aged about 10 years was studying in class IV and used to go to take tuition at the house of Anjana, wife of the accused appellant, resident of New Madho Nagar Rice Mill Compound, Police Station Kotwali City, District Saharanpur. On 28.04.2010, at 12 O'clock in the day time, her daughter went to take tuition at the house of Anjana and returned at 13:10 hrs. She was unhappy and frightened. When her mother asked her, she started weeping and told her that her teacher told her to remain in her house and learn about the computer and went to her neighbour's house to call them for some Pooja. After that all the remaining children who had come to take tuition also left. The victim and the husband of the teacher namely Satendra Kaushik were left. Satendra Kaushik called the victim and asked her to sit in his lap and started taking off her panty. She got frightened and started weeping. At this Satendra threatened her. She started weeping more loudly at which Satendra left her and told her not to tell anybody. The first information report was lodged by the father of the victim.

(3.) Constable Clerk Babu Ram PW-3 who prepared the chik report which was proved as Exhibit Ka-2. This witness has further prepared the G.D. whose copy was proved as Exhibit Ka-3. Investigation was done by S.I. Naresh Chand Azad, PW-5. He recorded the statement of the witnesses. The statement of the chik writer, informant and victim. He proved the copy of G.D. as Exhibit Ka-6. S.O. Sunil Kumar, PW-4 has conducted the further investigation. He prepared the site plan which was proved as Exhibit Ka-4. The investigation was ended into a charge sheet which was proved by this witness as Exhibit Ka-5.