RADHEY SHYAM Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Mr. Vaibhav Kalia, learned amicus curiae, for the appellant, learned A.G.A. for the State and perused the material available on record.

(2.) UNDER challenge in this appeal is the judgment and order dated 2.2.2012 passed by the learned Additional Sessions Judge, Court No. 2, Faizabad in Sessions Trial No. 243 of 2010, Police Station Gosainganj, District Faizabad whereby appellant Radhey Shyam was convicted for the offence under Section 376 I.P.C. and was sentenced to undergo rigorous imprisonment for a period of eight years and also with fine of Rs. 5,000/ - with default stipulation of two months additional rigorous imprisonment. However, he was acquitted of the charge under Section 506 I.P.C.

(3.) IN brief the case of the prosecution was that the victim herself lodged an F.I.R. on 1.7.2010 at 21:10 hours, alleging therein that she was aged about 50 years. On 30.6.2010 at about 11:30 a.m., she had gone to collect wood in Aurangabagh. In the meantime, the appellant finding the victim alone reached there and tried to indulge in vulgar conversation with the victim. On the objection of the victim, the appellant came close to the victim and closed her mouth, fell her on the ground and committed rape with her. Thereafter he extended threats of dire consequences to her and her son. This incident is alleged to have been witnessed by Smt. Gyandhari and her husband Raj Kumar, who were looking after their grazing cattle in the nearby field. The appellant ran away from there. On the basis of this information, the case was registered.