RAMU TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellant and Shri Sharad Dixit, learned AGA for the Stae respondent.

(2.) This criminal appeal has been filed challenging the judgment and order dated 17.7.2010 passed by the learned Additional Sessions/Fast Track Court No.10, District Pratapgarh in case of State v. Ramu Tiwari, Sessions Trial No.102 of 2009, crime no.67 of 2008, under Section 376 IPC and Section 3 (1) (12) of the SC & ST Act, Police Station Maheshganj, District Pragapgarh by which the appellant was convicted under Section 376 (2) (f) IPC and was acquitted under Section 3 (1) (12) of the SC & ST Act, and was directed to undergo 10 years RI and to pay fine of Rs.10,000/-. In default of payment of fine, he was directed to undergo 6 months RI.

(3.) As per prosecution version, FIR was lodged by Sukhram in Police Station Maheshganj, District Pragapgarh on 24.3.2007, at about 7.35 AM, through an application that the informant had gone to work of brick klin at Moradabad. He had four daughters; one was married, and his three daughters and wife were living at home in village Kutalia Majre Raigarh, Police Station Maheshganj, District Pratapgarh. On 8.5.2008, his wife had gone to Shrengverpur Ghat to participate in the last rites of one villager, and his daughter no.2 had gone to school to appear in the examination. Daughter no.3 (the victim) and daughter no.4 were at home. When his wife returned in the evening, she found the the victim in a bad condition, then she went to sorcerer. When there was no improvement, she went to hospital at Kunda. The doctors raised their hands for treating her. As she had no money, she came back and informed him on telephone. He came back on 13.5.2008, and admitted her daughter in a hospital at Kunda where swelling in the intestine was found in the ultrasound. After some treatment, when her condition improved, he asked from his daughter, then she told him that on 8.5.2008, at about 9 AM, when she was washing utensils out side the house, the accused Ramu son of Kedarnath Tiwari called her and tried to give her money, but she refused, then he dragged her towards back side of the house, near the bush. When she tried to raise alarm, he gagged her by hand and raped her due to which her condition worsened. On this, a case under Section 376 IPC and Section 3 (1) (12) of the SC & ST Act was registered. The Magistrate took cognizance and committed the case to the court of sessions for trial. The trial court framed charge under Section 376 IPC and Section 3 (1) (12) of the SC & ST Act. The accused person pleaded not guilty and claimed to be tried.