SURESH Vs. STATE OF U.P.

JUDGEMENT

(1.) By way of this appeal, the appellant-Suresh has challenged the Judgment and order dtd. 23/7/2014 passed by court of Special Judge SC/ST Act, Agra in Sessions Trial No.150 of 2002, State Vs. Suresh arising out of Case Crime No.378 of 2000, under Ss. 376, 506 of Indian Penal Code (for short 'IPC') and read with Sec. 3(2)(v) of Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities) Act, 1989 ( hereinafter refeerred to as 'S.C./S.T.Act, 1989'), Police Station Malpura, District Agra, whereby the accused-appellant was convicted under Sec. 376 IPC and sentenced to life imprisonment with fine of Rs.1,000.00, and in case of default of payment of fine, to undergo further imprisonment for six months; he was further convicted under Sec. 3(2)(v) of Scheduled Casts and Scheduled Tribes ( Prevention of Atrocities) Act, 1989 and sentenced to imprisonment for life with fine of Rs.1,000.00 and in case of default of payment of fine, to undergo further simple imprisonment for six months.

(2.) Brief facts of the present case are that on 13/12/2000 at about 15.10 p.m., Hakim Singh, son of Madho Singh Jatav, gave a written complainant that on 12/12/2020 when his daughter, namely, prosecutrix who was 16 years of age ( who is disabled ) had gone for grazing the cattle and when she was in the field of Gutti, accused Suresh son of Mohan Singh Thakur forcefully took her to the field of Gutti and had committed forcible sexual intercourse with her. When the prosecutrix shouted, Navvar and Jayanti son of Bhagwan Singh Jatav and Mukesh son of Faguni Ram Jatav came there and saw the offence being committed but at that time Suresh ran away from there. When the complainant returned back from Agra, his daughter conveyed the entire incident to him namely, her father. The accused was serving with Gutti Thakur. When the complainant went to Gutti Thakur to complain, his son threatened him and, therefore, on the next date, complainant along with his daughter lodged the compliant.

(3.) The accused-appellant being, prima facie, found to have committed the offence by the Investigating Authority. Investigating Authority laid the charge-sheet before the learned Magistrate.