BALA PRASAD KURMI Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dtd. 23/1/2015 passed by Special Judge (SC/ST Act)/ Additional Sessions Judge, Banda Special Trial No. 60 of 1997 in Case Crime no. 89 of 1997, under Ss. 376, 506 IPC and Sec. 3(1)XII and 3(2)V SC/ST Act, P.S. Bisanda, District Banda, whereby accused- appellant was convicted under Sec. 376 IPC read with Sec. 3(2)V SC/ST Act for life imprisonment and fine of Rs.30,000.00 and in default of payment of fine, one year additional imprisonment.

(2.) Brief facts of the case are that the FIR was registered on 9/5/1997 on the basis of the application moved by the complainant on the same day, in which it was alleged that the victim, the complainant's daughter on the date of occurrence of the offence, i.e, 9/5/1997 was sleeping with her grandmother being the mother of the complainant in the courtyard. At that relevant point of time, the complainant and his wife Smt. Savitri were lying down in their room. In the night of the incident, i.e, on 9/5/1997, the grandmother of the victim, as well as the mother of the complainant had gone out of the house in the fields to answer the nature's call. However, it was alleged in the FIR dtd. 9/5/1997 that at about 1:00 P.M, in the night, Bala Prasad son of Guneshi Kurmi and an unnamed person silently came in the courtyard and they tied the mouth of the victim with a cloth and took her out of the house and committed a bad-act of rape outside the village, just near the mango tree of Badri Kurmi. The grandmother of the victim and the mother of the complainant became surprised, when she did not find the victim at that relevant point of time in the courtyard, so she immediately rushed to the room of the complainant, awaking the complainant and apprising him that the victim is nowhere found in the house and she is missing. Thereafter rapid search was being made to find out whereabouts of the victim and then it was discovered that the victim was coming towards her house and she was found near the pond, the victim thereafter narrated the entire incident and agony both physical and mental sustained by her. Thereafter accordingly the complainant accompanied her daughter and approached the relevant police station while filing a complaint on 9/5/1997, which culminated into lodging of the FIR in Case Crime No.89 of 1997 under Ss. 376 IPC and Sec. 3(1)XII SC/ST Act.

(3.) One Sri Shailendra Kumar Yadav, Addl. S.P, 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 under Sec. 376 and 506 IPC and Ss. 3(1)XII and 3(2)V SC/ST Act. The matter being triable by court of sessions was committed to the sessions court.