A.F.R.

RESERVED

Court No. - 43

Case :- CRIMINAL APPEAL No. - 7478 of 2018

Appellant :- Ajeet Singh Constable

Respondent :- State Of U.P. And Anr.

Counsel for Appellant :- Rajesh Kumar Singh,Rajiv Lochan Shukla,Sr.

Advocate,Tarun Kumar Srivastava

Counsel for Respondent :- G.A.,Pavan Kumar Srivastava,R.B.

Sahai,Sanjay Srivastava,Shailendra Kumar Dwivedi

Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Shiv Shanker Prasad,J.

(Delivered by Hon. Shiv Shanker Prasad, J.)

1.

This criminal appeal is directed against the judgment and order

dated 12.11.2018, passed by the Additional Sessions Judge-VIII,

Fatehpur in Special Trial No. 110 of 2015 (State vs. Ajeet Singh

Constable); whereby the accused-appellant has been convicted under

sections 376 IPC read with Section 3 (ii) (v)/ 3 (i) (xii) SC/ST Act and

Section 5/6 POCSO Act and consequently sentenced to rigorous life

imprisonment along with fine of Rs.20,000/- for the offence under

Section 6 of POCSO Act and in default thereof, he has to further

undergo 6 months additional simple imprisonment; rigorous life

imprisonment along with fine of Rs.20,000/- for the offence under

Section 3 (ii) (v) SC/ST Act and in default thereof he has to further

undergo 6 months additional simple imprisonment; and 5 years rigorous

imprisonment along with fine of Rs.5000/- for the offence under Section

3 (i) (xii) SC/ST Act and in default thereof, he has to further undergo two

months additional simple imprisonment with an observation that all the

sentences are to run concurrently.

2.

As per the prosecution case, on 9^th September, 2015 a written

report (Ext. Ka-8) was given to the Police Station Malva, District

Fatehpur by the first informant, namely, Kallu Kori (PW-2) stating that on

9th September, 2015, at about 4:30 a.m. in the morning, the informant's

daughter aged about 16 years had gone behind the house to ease

herself then accused Ajit Singh, Constable posted in Police Station-

Kalyanpur, who was sitting in an ambush, dragged his daughter to the

field by gagging her mouth and raped her. When the gagging eased,

the victim raised an alarm. After hearing her shrieks, informant’s wife

rushed to the spot and the accused-appellant ran away to the G.T. Road

through the paddy field. At the same time, the first

informant/complainant/P.W.-2 was also easing himself on the side of the

road in front of Malva Police Station and when he asked the accused, he

started running and the first informant/complainant/P.W.-2 chased him.

The accused-appellant was not able to run as his feet were covered with

mud and the first informant held the neck of the accused-appellant at

Itraura Mod, G.T. Road. The accused-appellant however escaped from

the grip of the first informant/complainant by sliding off his T-shirt and

vest.

3.

On the basis of the aforesaid written report a first information

report (Ex.Ka.9) was lodged on 9^th September, 2015 at 08.15 a.m.,

which was registered as Case Crime No. 0235 of 2015, under Section

376 IPC, Section 3 (ii) (v)/ 3 (i) (xii) of SC/ST Act and Section 3/4

POCSO Act. The chik first information report has been prepared by

Constable-828 Satya Prakash Mishra (P.W.-8). After registration of the

aforesaid first information the Investigating Officer i.e. Bandana Singh,

Deputy Superintendent of Police (P.W.-10) has recorded the statements

of first informant (P.W.-2), and his wife under Section 161 Cr.P.C. and on

the disclosure of the victim, he has also prepared the site plan.

Thereafter P.W.-10 has taken possession of T-shirt, black lower pant,

black Sameej and white underwear, which were worn by the victim.

Thereafter P.W.-10 has sent the victim to the Women District Hospital for

her medical examination along with Constable Vandana Dwivedi (P.W.-

3).

4.

Dr. Rani Bala Sharma (P.W.-4) examined the victim and performed

the medical examination on 09.09.15. P.W.-4 has opined that after

external and int