RADHEY Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 01.07.2014, passed by Additional Sessions Judge, Court No. 13, Moradabad, in Sessions Trial No. 737 of 2013 (State vs. Radhey), registered as Case Crime No. 95 of 2013, under Section 376 I.P.C., Police Station Asmauli, District Sambhal, whereby the accused Radhey was found guilty under Section 376 I.P.C. and was sentenced for ten years rigorous imprisonment along with fine of Rs. 10,000/- with default stipulation.

(2.) Prosecution case in brief is that a report was lodged on 01.05.2013 about the occurrence which was said to have been committed on 28.04.2013 at 2 O'clock in the day time, according to which the son of the informant on 28.04.2013 had gone to attend his duty at Moradabad. His brother-in-law was in the house. The informant along with his wife had gone to his fields to collect straw. The daughter of the informant who is mentally challenged and disabled, was at home. She is aged about 23 years. The daughter-in-law of the informant was also out of the house. The accused Radhey finding the victim alone in the house, raped her. The children of the locality heard the shrieks of the victim, raised alarm, at which Radhey fled away. When the informant came back, he came to know about the occurrence, hence the first information report was lodged.

(3.) On the basis of aforesaid written report chik was scribed by Head Constable Surendra Kumar Sagar PW-5 who proved the chik report as Exhibit Ka-5, copy of the G.D. as Exhibit Ka-6 and copy of the arrest memo as Exhibit Ka-7. The investigation was entrusted to S.I. Mahendra Pal Singh PW-6 who copied the chik report in the case diary, recorded the statement of the first information report scriber. He further recorded the statement of the informant, inspected the spot at the pointing out of Jitendra, the son of the informant, which was proved as Exhibit Ka-8. He further recorded the statements Bablu, Surendra, Smt. Amlesh and Jitendra. On 04.05.2013, the accused was arrested and his statement was recorded on 07.05.2013. The medical report of the victim was copied in the case diary. The victim was sent for recording her statement under Section 164 Cr.P.C. But her statement could not be recorded as she was incompetent to depose. The witness further proved the arrest memo as Exhibit Ka-7. Further investigation was entrusted to PW-7 S.I. Umesh Chandra Pachauri, who recorded the statement of Sudha, the mother of the victim. The statement of the victim was recorded through videography which C.D. were proved as material Exhibits 1 to 4. The investigation was concluded by S.I. Kunj Bihar Mishra PW-8 who submitted the charge sheet against the accused which proved as Exhibit Ka-9. The victim was medically examined by Dr. Shobha Agrawal PW-4 who did not find any mark of injury on the body of the victim. The age of the victim was found to be above 18 years. This witness has proved the medical report as Exhibit Ka-3 and supplementary report as Exhibit Ka-4.