ANIL KASHYAP Vs. STATE OF U. P.

JUDGEMENT

(1.) Accused, Anil Kashyap, was tried by the Additional Sessions Judge, Court No.16, Lucknow, in Sessions Trial No. 809 of 2007, State Vs. Anil Kumar Kashyap, arising out of Case Crime No. 241 of 2007, under Ss. 376 and 302 Indian Penal Code (IPC) Police Station Kakori, District Lucknow. The appellant was also tried in Sessions Trial No. 810 of 2007, State Vs. Anil Kumar Kashyap, arising out of case crime no. 242 of 2007 under Sec. 4/25 Arms Act, Police StationKakori, District Lucknow. Both these Sessions Trials were clubbed together and decided by a common judgment and order dtd. 11/1/2013 passed by the Additional Sessions Judge, Court No.16, Lucknow.

(2.) Vide judgment and order dtd. 11/1/2013, the Additional Sessions Judge, Court No.16, Lucknow, convicted and sentenced the accused-appellant in the manner as stated hereinbelow :-

(3.) In view of the judgments of the Apex Court in Bhupinder Sharma vs. State of Himachal Pradesh : (2003) 8 SCC 551 and Nipun Saxena and another vs. Union of India and others : 2018 SCC Online 2772, the name of the victim is not being disclosed. She is transcribed as victim 'x' in the judgment hereinafter. FACTUAL MATRIX Shortly stated, the prosecution case runs as under :- Informant P.W.1-Nand Lal son of Lalaram resident of Hata Raheem Vasit Town Kakori, Police Station Kakori, District Lucknow (father of the victim 'X'/deceased) got the written scribed from one Sushil Kumar, who after scribing it read it over to him. Thereafter, the informant submitted a written report (Ext.Ka-1) to Station House officer, Police Station Kakori, District Lucknow stating therein that on 3/7/2007 at about 6.00 A.M. victim 'x' aged about 10 years had gone to mango orchard alongwith her elder brother Rajesh for collecting mango. Rajesh after eating some mango came back to his house leaving the victim 'x' there. In the meantime, accused appellant, who is his neighbour caught hold the victim 'x' and committed rape upon her in the mango orchard. She raised alarm but for stopping her voice, the accused-appellant slitted (cut) her neck with knife which Chhotakke son of Buddhilal, Sajiwan Lal son of Bhagwandeen and Radhey Shyam son of Kalika, residents of town Kakori who were working near mango orchard exhorting reached there then the accused appellant ran away leaving the victim 'x', who died at the spot. The blood was oozing from her neck and private part. The news of the said incident spread in Kakori town and the people started raising slogan for arresting the accused, as a result thereof, a panic was created in the general public, which jammed the traffic. However, after hectic efforts, the situation was controlled.