PRATAP Vs. STATE OF U.P.

JUDGEMENT

(1.) Feeling aggrieved and unsatisfied with the impugned judgement and order dated 24.6.2019 passed by Additional Session Judge Court No. 4, Aligarh in Sessions Trial No. 804 of 2014 (State Vs. Pratap) under Sections 323, 376 IPC, P.S. Atrauli, District Aligarh, this criminal appeal has been preferred by the appellant-Pratap, whereby the learned court below convicted and sentenced the appellant under Section 376 IPC for 10 years rigorous imprisonment and to pay the fine of Rs.15,000/- and under Section 323 IPC for six months simple imprisonment is awarded.

(2.) Brief facts of the case are that a first information report was lodged by one Sri Surendra Singh son of Lal Singh, resident of village Usmanpur, P.S. Atrauli, District Aligarh regarding the incident dated 25.6.2014 at 12:00 pm on 26.6.2014 at 9:15 am against the appellant, which was initially registered as case crime No. 333 of 2014 under Section 376 IPC, P.S. .Atrauli, district Aligarh, later on section 323 IPC was added.

(3.) PW1 father of Surendra Singh lodged FIR by means of this written complaint before Inspector in charge of P.S. Atrauli on 26.6.2014 against accused appellant with the allegation that on the intervening night of 25.6.2014 at 12:00 pm his daughter in law was sleeping in courtyard of the house then appellant accused-Pratap entered his house and dragged his daughter in law inside the room and forcefully raped her. At that time of incident, she was alone at the home with her one year old daughter. On hearing noise of the daughter in law, he, his son Pramod who was sleeping on the roof of the house and neighbours came on spot. They saw accused-Pratap running away from spot. Then, daughter in law told about the incident that happened against her. He brought the daughter in law alongwith his son to the police station and lodged the FIR by way of written complaint against the appellant registered as case crime No. 333 of 2014 under Section 376 IPC, P.S. Atrauli, District Aligarh.