CHANDAN Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 2.8.2001 passed by Additional Sessions Judge/FTC Court No.2, Raebareli, whereby and whereunder the appellant has been convicted under section 376 I.P.C. and sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs.2,000/-, with default stipulation.

(2.) Heard learned counsel for the appellant, learned Additional Government Advocate and perused the record.

(3.) The prosecution case as per written report dated 8.3.2000 is that on 6.3.2000, while the prosecutrix was looking after the peas sowed in her field, then around 5.00p.m., Chandan of her village came near her and forcibly caught her hand and dragged her into her wheat field and forcibly put her down and committed rape, and said that if she would raise alarm, he will kill her. After committing rape, he went away. Her father-in-law and husband were not at home at that point in time. Yesterday evening, when her father-in-law came, she told him of the incident. On the written report, chik first information report was lodged which, during trial was exhibited as Ext.Ka-5. Written report is Ext. Ka-1.