MAHENDRA HARIZAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Diwakar Singh, learned counsel for the appellant and Sri Sharad Dixit learned AGA for the State.

(2.) The present criminal appeal has been filed by Mahendra Harizan challenging the judgment of conviction and sentence awarded in S.T. No.114 of 2008, under Section 376 (2) (e) and 506 IPC of order dated 31.3.2009 passed by Additional Session Judge, Room No.2, District- Pratapgarh.

(3.) According to the prosecution version a first information report was lodged by Kalawati in Police Station-Patti, District-Pratapgarh on 4.1.2008 at 10.15 a.m. through a written report alleging that, at about 4 P.M., her daughter was picking Kanda, then Mahendra Harizan came there and started irrelevant talks and took her to nearby sugarcane field of Sipahi Shukla and after removing his trouser and salwar of the victim, raped her. When her daughter raised alarm, he fled away threatening her that if she will tell anyone else she will be killed. On this, a case under Section 376/506 IPC was registered at Police Station-Patti, District-Pratapgarh. The victim was sent for medical examination and for X-ray to establish her age, her statement under Section 164 Cr.P.C. was also recorded and charge-sheet under Section 376/506 IPC was submitted. After taking cognizance the case was committed to the Court of Session. Trial court framed charge under Sections 376, 506 IPC. Accused pleaded not guilty and claimed to be tried.