JUDGMENT :

1. This jail appeal has been preferred by the appellant, Rajesh Kumar Dubey against the judgment and order passed by Additional Sessions Judge/FTC-3 Lucknow, on 13.8.2009 in Session Trial No. 128 of 2009, arising out of Case Crime No. 645 of 2008, Police Station Hasanganj, District Lucknow, whereby the appellant has been convicted under Sections 354, 376 read with section 511 of The Indian Penal Code (in short "I.P.C.") and sentenced to undergo one-year imprisonment under section 354 of IPC and to undergo five years imprisonment and a fine of Rs.1,000/- each with a default sentence of one month under section 376 read with section 511 of IPC.

PROSECUTION CASE

2. The prosecution case in brief as per the first information report, [FIR] (Ex.Ka.-4), which was lodged on 12.11.2008 at 6:10 (hours, a.m. or p.m. has not been written) on the basis of written complaint (Ex.Ka.-1) of the victim 'X' (PW-1) at PS Hasanganj, District Lucknow by the victim is that she cooks food at the house of colonel S.K. Sharma in his presence. On 10.11.2008, at 9:00 p.m., the appellant reached the house of the victim and told the victim that colonel sahab had come and was calling her for cooking food, she reached the house believing his information and went inside the house by opening the gate. The appellant caught her arm and started molesting her. Hearing her cries, elder brother of colonel sahab Dr. Uma Kant Sharma and one other person, who had come to the house of Ratan Kant Sharma reached there, and saved the victim from the appellant by reprimanding him.

3. The FIR dated 12.11.2008 (Ex.Ka-4) was registered as case Crime no. 645 of 2008 under section 354 of I.P.C. against the appellant at PS Hasanganj, District Lucknow at 6:10 (hours, a.m. or p.m. has not been written) by Head Constable Asharaf Ali (PW-4) on the basis of the written complaint (Ex.Ka.-1). The distance between the place of occurrence and the Police Station is about 1 Km.

4. The investigation was started by Sub-Inspector, [S.I.] Ranjit Dubey (PW-3). He inspected the place of incident, as pointed out by the informant/victim (PW-1) and prepared a site map (Ex.Ka.-2) of the place of occurrence. The investigating officer, [I.O.] recorded the statement of the victim, Uma Kant Sharma under section 161 of the Code of Criminal Procedure 1973 (in short 'Cr.P.C.') on 27.11.2008 and other prosecution witnesses under Section 161 of Cr.P.C. The statement of the victim under Section 164 of Cr.P.C. (Paper No. A-6/23) which had been seen by the I.O. and endorsed in the case diary on 28.11.2008. After completing the investigation, a charge sheet (Ex.Ka.-3) was submitted against the appellant under Sections 354, 376 read with Section 511 of IPC before the court concerned on 11.12.2008.

5. The concerned Magistrate took cognizance in the matter and committed the case to Sessions Court on 12.2.2009 for trial. On committal, the trial court framed charges against the appellant under Sections 354, 376 read with Section 511 of IPC on 28.3.2009. The appellant denied the charges and claimed trial. The appellant was so poor that he could not afford to engage a lawyer and the case before the court was conducted by amicus curiae Sri Pradeep Chand Sharma on the basis of the appellant's application dated 28.3.2009.

6. To prove the charges against the appellant, the prosecution examined as many as 4 witnesses. PW-1 victim/first informant; PW-2 Dr. Uma Kant Sharma, brother of colonel S.K. Sharma, who had reached the place of the incident immediately after hearing the screaming of the victim; PW-3 S.I. Ranjit Dubey (I.O.) and PW-4 HCP Asharaf Ali (scribe of chik of FIR).

7. After taking the evidence of the prosecution witnesses, as per Section 313 of Cr.P.C., the appellant was questioned about the evidence led against him by the prosecution, wherein he denied the incriminating evidence put to him and stated that he has been implicated due to enmity (MUJHE JABRAN RANJISHAN (VICTIM'S NAME) NE FASAYA HAI, MAIN NIRDOSH HU