RAJENDRA PRASAD SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The aforesaid criminal appeals are connected together and arise out of judgement and order dated 17.07.2003 passed by the Special Judge, SC / ST Act, Kanpur Dehat in Special Session Trial No. 28 of 2002 (State of U.P. Vs. Rajendra Prasad Pandey and Another) whereby the appellant Rajendra Prasad Pandey has been convicted and sentenced under Section 452 I.P.C. for one year Rigorous Imprisonment, under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for one year Rigorous Imprisonment and a fine of Rs. 1000/-, under Section 376 I.P.C. to life imprisonment, under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to life imprisonment and a fine of Rs. 1000/-, Section 323 read with Section 34 I.P.C. to six months Rigorous Imprisonment, under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to six months Rigorous Imprisonment and under Section 504 I.P.C. to six months Rigorous Imprisonment.

(2.) In view of the legislative mandate as contained in Section 228-A of the Indian Penal Code, 1860 and the observations made by the Hon'ble Supreme Court in various judgements the identity of the prosecutrix / victim is not being disclosed and she will be referred to as ''R' hereinafter.

(3.) The prosecution case as per the First Information Report lodged by ''R' / P.W.-1 is that on 31.10.2000 at about 2:00 A.M. she was present in her house wherein Inspector Rajendra Prasad Pandey and Constable Sunil reached her house and told her to open the door citing some reason of some accused on which she opened the door and then both the persons caught hold of her, took her towards the field wherein Inspector Pandey forcibly threw her on the ground and committed rape on her. It is further stated in the First Information Report that at that time one Aashiq Ali son of Khuda Baksh and Ibrar son of Tasveer Ali who are co-villagers came there to attend the call of nature and on seeing them the first informant started shouting on which the said two persons caught hold of Aashiq Ali and had mercilessly beaten him. On hearing the shouts and shrieks many persons of the village reached there and the Inspector was apprehended by them but Constable Sunil somehow managed to run away. She then states that her report be registered and appropriate action be taken.