RINKA ALIAS JITENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellant and G.A. for the respondent.

(2.) The instant Criminal Appeal has been preferred on behalf of the sole appellant-convict Rinka alias Jitendra against the judgment dtd. 14/7/2015 passed by the Sessions Court in Sessions Trial No. 471 of 2013 (State Vs. Rinka @ Jitendra) arising out of Case Crime No. 342 of 2012, under Ss. 376, 511 read with 302 of Indian Penal Code (I.P.C.), P.S. Palimukimpur, District Aligarh whereby the learned trial court convicted him for the offence under Sec. 376/511 of Indian Penal Code and sentenced appellant to undergo with rigorous imprisonment of 5 years and a fine of Rs.5000.00 and also ordered to undergo imprisonment of two months in default of payment of fine and for the offence under Sec. 302 of Indian Penal Code the appellant further undergo for life imprisonment and fine of Rs.20,000.00 and in default of payment of fine six months imprisonment.

(3.) The brief facts as culled out from the paper-book and the record are that Yadram Sharma has given a written information at police station Palimukimpur for commission of offence under Sec. 376, 302 and 511 I.P.C on the facts that on 27/12/2012 his daughter (prosecutrix) was aged about 14 years the accused wanted to have illicit relation with her and when she refused, he threatened to kill her with a knife. This fact was conveyed by prosecutrix to her mother. On 27/12/2012 at about 4:30 p.m when the prosecutrix was on the way to attend the call of nature, accused Gopal who was declared juvenile later on and whose case is pending before the Juvenile Justice Board, Aligarh to the mustard field so as to support this Gaurav the present accused in the appeal also came behind him and when the girl started yelling persons who were near her came running. At that point of time the accused drew out his pistol and conveyed that if anybody came near he would shoot them, on this there was a commotion. At that point of time as per the F.I.R version the accused took out a knife and did away with the prosecutrix and they went away. The girl was declared dead. On the basis of the complaint the investigation was started and it converted into laying of charge-sheet against both the accused. Lala @ Gaurav being juvenile, his case was send to Juvenile Justice Board and the case of present accused was committed to the court of Sessions.