STATE OF U.P. Vs. DHARMENDRA

JUDGEMENT

(1.) This appeal under Section 378 (3) of Criminal Procedure Code (in short 'Cr.P.C.'), at the behest of the State, has been preferred against the judgment and order dated 17.3.2017, passed by learned Additional Sessions Judge/Fast Track Court, Hapur, in Session Trial No.245 of 2015 arising out of Case Crime No.154 of 2014 under Sections 376, 366, 506 and 120-B of Indian Penal Code (in short 'IPC'), Police Station-Garh Mukteshwar, District-Hapur, whereby the learned trial-court acquitted the accused-respondents.

(2.) The brief facts of this case are that on 3.3.2014 at about 7:00 pm, Dharmendra s/o Dharmpal, brother-in-law of elder sister-Archana of complainant, sister-in-law Anita, Nand Kumar (nandoi ) and Surendri w/o Nand Kumar came to her house. At that time, the complainant was alone in her house. They all said that her elder sister, namely, Archana was seriously ill and admitted in the hospital so they had come to take her to the hospital. Subsequently, they forcibly put her in a car and took her to dance-club at Ganga Nagar. There, they prepared some documents misguiding her for marriage and since then Dharmendra continuously kept her in dance-club and committed rape. On 23.3.2014 at about 5:00 pm, they left her at Garh-crossing and threatened her not to lodge any report.

(3.) On the basis of this report, Case Crime bearing No.154 of 2014 was registered against all the accused-respondents under Sections 366, 376/120-B IPC against Anita, Nand Kumar, Smt.Surendri and Dharmendra.