SHYAM LAL Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal arises out of judgment and order dated 28.03.2009 passed by the Sessions Judge, Lalitpur in Session Trial No. 1 of 2008 (State of U.P. Vs. Shyam Lal) whereby the appellant has been convicted under Section 376(2)(f) IPC for life imprisonment and a fine of Rs. 2,000/-. In default of payment of fine, he has been directed to further undergo one year 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 judgments 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 Deepak Dheemar/PW-1 is that his daughter 'R' aged about 12 years is mentally deranged, deaf and dumb since birth. On 01.09.2007 at about 12:00 PM 'R' went to the fields but did not return till 02:00 PM, on which, the mother of the first informant namely Smt. Nanhi Bai wife of Nandlal went towards the field to search her and during search when his mother reached at a talab near a drain to his field, she did not find 'R' there, to which, she started search near about wherein at the adjacent field of Harbhajan Dheemar, in which, maize was sown some sound was coming from there, to which, she went inside and saw 'R' lying naked and Shyam Lal the appellant who is the caretaker of the fields of Harbhajan Dheemar was lying over her and was committing rape on her, wherein the mother of the first informant raised hue and cry, consequently, Shyam Lal after wearing his pant ran away and 'R' was lying there in an injured condition and blood was oozing out from her private parts. The incident is said to be of around 02:30 PM. On the shrieks of the mother of the first informant, Kripa Ram PW-4 reached the place of occurrence who also the saw the incident. It is further stated in the FIR that then the mother of the first informant brought 'R' back to the house and gave information about the incident to the villagers as a result of which, the entire village went into silence. The first informant then states that he reached the house at about 07:00 PM, on which, his mother informed him about the whole incident and then he along with his mother and 'R' has reached the police station for lodging of the First Information Report.