BALI MOHAMMAD Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Ambrish Kumar Kashyap, learned counsel for the appellant and Sri Roopak Chaubey, learned A.G.A. for the State.

(2.) This criminal appeal has been filed against the order and judgement dated 6.12.2004 passed by (Additional Sessions Judge, Special Court) (S.C./S.T. Act), Farrukhabad in S.C./S.T. No. 30 of 2003 (State of U.P. Vs. Bali Mohammad) convicting and sentencing the appellant to undergo under section 376 Indian Penal Code (hereinafter referred as (IPC) life imprisonment and Rs. 10,000/- fine, in default of payment of fine he shall further incarcerations for six month rigorous imprisonment. Appellant was punished and sentenced undergo under section 3(1)(XII) Scheduled caste and Scheduled Tribes Act, 1989 (hereinafter referred as SC/ST Act) for the five years R.I. and Rs. 1,000/- fine in default of payment of fine he shall further undergo for six month extra R.I. All the sentences will run concurrently.

(3.) The brief facts of this case are that F.I.R. has been lodged on 29.08.2020 at 18.45 by Dashrath Lal, resident of Shekhpur Rustampur, police station Kamalganj, District Farrukhabad stating therein that he is Jatav belonging to scheduled caste community. One resident of same village namely Munna son of Lal Mohammad of muslim and not of scheduled caste community has sent the prosecutrix aged about 11 years to carry out his bag from the school. On denial she was threatened by Munna. Under the fear and pressure when she went to the school, Munna came from behind and raped her. The F.I.R. culminated into recordings of statements by police and medical examination of prosecutrix.