STATE OF U.P. Vs. BABU LAL YADAV

JUDGEMENT

(1.) This is an application filed by the State of U.P. under Section 378(3) of the Code of Criminal Procedure (herein after referred to as "Cr.P.C."), praying that leave to appeal be granted against the judgment and order dated 30.05.2019, passed by the learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (herein after referred to as S.C./S.C. Act), Raebareli in Sessions Trial No. 648 of 2009, State Vs. Babu Lal Yadav, which had arisen out of Case Crime No. 51 of 2008, under Sections 452, 376, 506 I.P.C. and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station Kheron, District Raebareli, whereby the respondent-accused, Babu Lal Yadav has been acquitted of the said charges.

(2.) The facts of the case, in brief, are that on the basis of a written report submitted by the complainant-Shanti Devi (Ext. Ka-1) on 25.02.2008, at 8.25 a.m., a First Information Report (herein after referred to as "F.I.R.") was lodged at Case Crime No. 51 of 2008, under Sections 452, 376, 506 I.P.C. and Section 3(1)12) of S.C./S.T. Act. The F.I.R. was lodged with the assertions that at around 12.00 O'clock in the night when the complainant was sleeping, the respondent-Babu Lal Yadav, resident of Awseri Kheda came and caught hold of her and committed rape. It was further averred by the complainant in the F.I.R. that no one came to her rescue, though she and her mother-in-law and her 10 years old daughter kept on screaming and that in the incident, her clothes got torn off. She further stated that accused Babu Lal Yadav even threatened to shoot her.

(3.) After completion of the investigation, a charge sheet was submitted by the Investigating Officer against the accused-respondent, Babu Lal Yadav, under Sections 452, 376/511, 506, I.P.C. and Section 3(1)(12) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, on the basis of which cognizance was taken and the matter was registered as Sessions Trial No. 648 of 2009. The accused respondent was charged for committing offence under Sections 452, 506 I.P.C. on 02.08.2010 and thereafter on 27.06.2015 for altered charges under Section 376, I.P.C. and Section 3(2)(v) of S.C./S.C. Act. The accused-respondent, Babu Lal Yadav pleaded not guilty and accordingly claimed trial.