KRISHNAKANT Vs. STATE OF U.P.

JUDGEMENT

(1.) The present Criminal Appeal under Sec. 374 (2) Criminal Procedure Code, 1973 read with Sec. 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("SC/ST Act") has been filed by the accused appellant Krishnakant against the judgment and order dtd. 30/11/2017 passed in Special Criminal Case No. 73 of 2014 (State Vs. Krishnakant) convicting and sentencing the appellant under Sec. 376 Indian Penal Code, 1860 ("IPC") to 15 years Rigorous Imprisonment and a fine of Rs.15,000.00, under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 ("POCSO Act") to 15 years Rigorous Imprisonment and fine of Rs.15,000.00, under Sec. 3 (1) 11 SC/ST Act to 2 years Rigorous Imprisonment and a fine of Rs.2,000.00, under Sec. 506 IPC to 1 year Rigorous Imprisonment and a fine of Rs.1,000.00. It is further ordered that in default of payment of fine under Sec. 376 IPC and Sec. 4 POCSO Act the appellant shall undergo 2 years each additional imprisonment, under Sec. 3 (1) 11 SC/ST Act to 2 months additional imprisonment and under Sec. 506 IPC to 1 month additional imprisonment. The sentences have been ordered to run concurrently. It is further ordered that out of the fine as deposited, Rs.15,000.00 as compensation shall be paid to the victim.

(2.) The name of the prosecutrix is not being disclosed and mentioned in the present judgment in the light of directions of the Apex Court in various judgments and Sec. 228A of the IPC. She is, thus, referred to as 'X' in the judgment.

(3.) The prosecution case as per an application dtd. 9/6/2013 given by victim 'X' to police of police station Kamasin, District Banda is that she is daughter of Shiv Poojan residing in village Pachauha, Police Station Kamasin, District Banda. On 23/5/2013 at about 10 a.m. she had gone towards the Southern Nala of the village to bring her buffaloes wherein Krishnakant Dwivedi of the village came from behind, caught hold of her, put a country-made pistol on her chest and committed rape on her. He threatened her that if she discloses it to anyone in the house then he would murder her brother and father. The incident has been witnessed by Chota S/o Babu Lal of the village. She came back home and told about the incident to her mother and father. On 1/6/2013, she along with her mother Smt. Siya Sakhi and father Shiv Poojan went to Police Station Kamasin and gave information on which her medical examination was done at the District Hospital, Banda. Her date of birth is 28/6/1996. She prays that a case be registered and legal action be taken.