ANIL KUMAR BIND Vs. STATE OF U.P.

JUDGEMENT

(1.) By way of this appeal, the appellant- Anil Kumar Bind has challenged the Judgment and order 30/8/2018 passed by Additional Sessions Judge (Court No.12), Allahabad, in Special Session Trial No.56 of 2016 (State Vs. Anil Kumar Bind) arising out of Case Crime No.119 of 2016 under Sec. 376 Indian Penal Code and Sec. 3(2)(V) SC/ST Act and Sec. 3/4 POCSO Act, Police Station-Handia, District-Allahabad whereby the accused-appellant was convicted under Sec. 376 IPC and sentenced to imprisonment for 10 years with fine of Rs.10,000.00 and in case of default of payment of fine, to undergo further imprisonment for one year and for life imprisonment and fine of Rs.10,000.00 under Sec. 3(2)(V) SC/ST Act and in case of default of payment of fine, to undergo further imprisonment for one year. Appellant was acquitted under Sec. 3/4 POCSO Act.

(2.) The brief facts of the case are that complainant Chote Lal Pasi submitted written report Ex.Ka-1 to the Police Station- Handia, District- Allahabad on 24/3/2016 stating that his daughter prosecutrix, age 15 years, went to ease herself at about 10:00 pm in the night near the pond. From there Anil of his village took her daughter forcible by sequeezing her mouth to nearby hut and committed rape with her. On hearing the noise of crying, his son Hausila Prasad and other people ran towards the place of occurrence and his son caught Anil Bind red handed but he fled away from the spot. On the basis of this report an FIR was registered on Case Crime No.119 of 2016.

(3.) Ravi Shankar Prasad C.O. took up the investigation, I.O. visited the spot and prepared site-plan, recorded the statements of witnesses under Sec. 161 Cr.P.C. Prosecutrix was medically examined. Her statement under Sec. 164 Cr.P.C. was recorded by competent authority. After completing the evidence I.O. submitted charge sheet against the appellant. The case being exclusively triable by court of sessions was committed to the sessions court by competent magistrate for trial.