MANU/UP/0331/2019Sudhir Agarwal#Umesh Kumar#201UP1000Judgment/OrderALJ#MANUUmesh Kumar,ALLAHABAD2019-2-716209,16759,16590 -->


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Criminal Appeal No. 4723 of 2005

Decided On: 01.02.2019

Appellants: Rajesh Kumar Gupta Vs. Respondent: State of U.P.

Hon'ble Judges/Coram:
Sudhir Agarwal and Umesh Kumar


Umesh Kumar, J.

1. Present appeal is preferred against the judgment and order dated 23.09.2005 passed by Addl. Sessions Judge, Court No. 4, Pilibhit in S.T. No. 448 of 2004 (State Vs. Rajesh Kumar Gupta) arising out of Case Crime No. 69 of 2004, under Section 376 of IPC, Police Station, Bisalpur District Pilibhit, by which learned Trial Judge has convicted and sentenced the accused-appellant under Section 376 of IPC for life imprisonment with a fine of Rs. 10,000/- and in default of payment of fine, to further undergo two year rigorous imprisonment.

2. In brief, prosecution story is that on 24.02.2004, Km Meenu/daughter of Budhsen Singh, minor girl aged about 11 years went to get labour charges from appellant-Rajesh Kumar Gupta at his residence and when she returned from there, she was drenched with blood, when informant and victim's mother asked about the incident, the victim narrated transgression of accused-appellant, who forcibly committed rape with her in the room constructed on the roof of his house. The victim tried to cry but the accused-appellant shut her mouth with his hand, due to which, she could not raise alarm. Hearing this from his daughter (victim), the informant, for lodging first information report, went to police station with her minor girl Meenu who was ensanguined. On the said written report of the informant-Budhsen, a First Information Report (Ex. Ka-7) was lodged at the police station as Case Crime No. 69 of 2004, under Section 376 of IPC and victim was sent for her medical examination. Her underwear and Shalwar were handed over to the police by informant-Budhsen. A recovery memo of the said clothes of the victim was prepared by the Investigating Officer and it was sealed in presence of Triveni Prasad, Fakirey Lal which is Ex. Ka. 2. G.D. Entry of the said FIR was made by Head Constable Shyam Pal Singh which has been explained in GD Entry No. 33 on 25.2.2004 at 14.50 P.M., which is Ex. Ka. 6. The medical examination of the victim was conducted by Dr. Surabhi P.W. 3 who has proved medical report and supplementary report Ex. Ka-4 and Ex. Ka. 5. The x-ray report and pathological report Ex. Ka-9 has been proved by Dr. Udaivir Singh P.W. 7. Chick FIR-and GD entry No. 32 (Ex. Ka. 7 & Ka. 8) have been proved by P.W. Bhanwar Pal Singh. The Investigating Officer has prepared site plan Ex. Ka-10 and collected the report from Forensic Laboratory which is Ex. Ka. 11.

3. The Investigating Officer, after completion of investigation has submitted charge sheet Ex. Ka-12, in the Court of A.C.J.M., Court No. 1, Pilibhit, who took cognizance of the offence on 3.6.2004 under Section 376 I.P.C. The case being triable by Court of Sessions, was committed to the Court of Sessions on 5.7.2004 and it was registered as S.T. No. 448 of 2004. The case was transferred to the Court of Additional Sessions Judge-IV, Pilibhit, who framed charge under Section 376 I.P.C. against the accused-appellant on 19.10.2004, which reads as under:

"I, Jaiveer Si........