MURATI DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) The aforesaid Criminal Appeal has been preferred by complainant Murati Devi w/o Ram Sharan Nishad against impugned judgment and order of acquittal dated 2.07.2014 passed by Additional Sessions Judge, court no.5, Gorakhpur in Sessions Trial No.55 of 2013, State Vs. Aniruddha Yadav arising out of Case Crime No.265 of 2012 for offence under Sections 376, 323, 504, 506, 450 IPC, police station Chauri Chaura, district Gorakhpur.

(2.) We have heard learned AGA for the State and the learned counsel for the accused-respondent and perused the entire record as available on the file.

(3.) Briefly stated the case of the prosecution, as it appears from perusal of the certified copy of the impugned judgment has its genesis in the typed complaint of Murati Devi w/o Ram Sharan Nishad, r/o Gaunar Tola Maunababari, police station Chauri Chaura, district Gorakhpur, addressed to the Senior Superintendent of Police, Gorakhpur on 5.9.2012, wherein, allegations were made against one Aniruddha Yadav alleging, inter allia, that accused committed rape on her in his clinic/shop and caused hurt besides threatening to kill her, while she had gone for treatment of her tooth. As per description contained in the first information report, the prosecutrix went to the clinic of accused Aniruddha Yadav, who runs clinic at Mohammadpur crossing. While she was present in his clinic, she was given injunction, which rendered her unconscious and in the meantime, accused committed rape on her. When she regained her conscious, she saw Aniruddha committing rape on her. She asked her not to do the same whereupon she was beaten by kicks and fists and threatened at gun point to the extent that, in case, the offence is disclosed to anyone, she an her family will not be spared. The first information report further alleges that accused committed rape on the prosecutrix several time at her home, as well.