Pradeep Kumar Srivastava ORDER
Pradeep Kumar Srivastava, J.
1. Heard Sri Sharad Kumar Srivastava, learned counsel for the appellant, learned AGA for the state and perused the record.
2. This criminal appeal has been filed against the impugned judgment dated 23.11.2013, passed by Additional Sessions Judge, court No. 9, Fatehpur, in Sessions Trial No. 15 of 2011, arising out of Case Crime No. 204 of 2010, under Section 376, 308 IPC, Police Station Bindki, District Fatehpur by which the accused-appellant Kuldeep has been convicted and sentenced for ten years rigorous imprisonment and Rs. 50,000/- fine and in default three months additional simple imprisonment for the offence under Section 376 IPC and five years rigorous imprisonment along with fine of Rs. 5000/- and in default fifteen days additional simple imprisonment for the offence under Section 308 IPC. It has further been directed that all the sentences shall run concurrently.
3. The brief facts of this case is that the informant is the resident of Mohalla Mahajani Gali Lahauri Town Bindki, Police Station Bindki, District Fatehpur. On 14.07.2010, the accused-appellant Kuldeep committed rape with the daughter of the informant and stabbed by a knife in her stomach. At that point of time, the informant had gone to her relations and when she got information about the incident on phone, the victim was admitted in District Hospital, Fatehpur and the stomach of the victim was operated. Therefore, on 20.07.2010, she gave an application to the police of Bindki mentioning therein that application was already sent to SP, Fatehpur about the incident, although, the same is not on record. On the basis of said information, the offence was registered under Sections 376, 308 IPC and chik was prepared. The offence was investigated by Investigating Officer who recorded the statement of the formal witnesses, informant and has also recorded the statement of the victim in the hospital with the statement of her brother Jeetu and relative Vinod. After receiving the medical report of the victim on 24.07.2010, the same was copied in the case diary. Similarly, the X-ray report, pathology report, supplementary report of the victim was also entered in the case diary. The accused surrendered on 26.08.2010 and his statement was recorded. He also prepared the site map. After completing the investigation, the charge sheet was submitted for the aforesaid offence. Charges were framed against the accused under section 308/376 IPC to which the accused denied and claimed trial.
4. In support of the prosecution case, PW-1 Shivdevi (informant), PW-2 Golden (victim), PW-3 Jeetu, PW-4 Dr. Kamal Dhawan, PW-5 SI Prem Chandra, PW-6 Subhash Chandra Singh (Chief Pharmacist), PW-7 Dr. D.K. Verma, PW-8 Constable Arvind Kumar ........