JAI KARAN @ PAPPU Vs. STATE OF U.P

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged the Judgment and order dtd. 24/11/2008 passed by court of Special Judge, S.C. & S.T Act/Additional Sessions Judge, Kanpur Dehat in Sessions Trial No.269 of 2001, arising out of Case Crime No.216 of 2001, under Ss. 363/366/376 I.P.C., read with Sec. 3(1)(xi) of Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as, 'S.C./S.T. Act, 1989'), Police Station Akbarpur, District Kanpur Dehat whereby the accused-appellant was sentenced under Sec. 363 Indian Penal Code (I.P.C.) for three years' rigorous impriosonment and with a fine of Rs.1000.00; under Sec. 366 I.P.C. with the sentence of five years' rigorous imprisonment and fine of Rs.1000.00 and; under Sec. 376 I.P.C. with the sentence of rigorous imprisonment for 10 years and a fine of Rs.2000.00 and; under Sec. 3 (2) (v) of S.C. & S.T. Act with a sentence of life imprisonment and fine of Rs.2000.00 with a direction that all the sentences will run simultaneously and in event of default of payment of fine, to undergo two months' further imprisonment.

(2.) The brief facts as per prosecution case are that on 12/8/2001 at about 8:00 p.m., the prosecutrix was kidnapped by appellant-Jai Karan @ Pappu and two other unknown persons. Father of the prosecutrix given the written information about the kidnapping to the near police station. After two days on 14/8/2001 at about 10.00 a.m., the girl was found by her father in the field of sorghum which is the farm of Shiv Ram Shukla in an unconscious condition. After came to consciousness, she disclosed the whole incident to her family members that accused- appellant with two unknown persons committed gang rape with her by gagged her mouth at gunpoint and went away extending threat that if any report is lodged at the police station or this fact is divulged to anyone, they will kill her whole faimly. When she along with her father hiding themselves went to the police station for reporting the said incident and after denied lodging the FIR, they sent a complaint report to the Superintendent of Police, Kanpur Dehat then FIR was lodged on 15/8/2011 by the police.

(3.) Police Station Incharge, Akbarpur, Kashmir Singh Yadav tookup the investigation visited the spot, prepared site plan, recorded statements of the prosecutrix and witnesses and after completing investigation submitted charge sheet against the accused.