DUBARI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri S.W. Zaman, learned amicus curie for the appellant and Shri Sharad Dixit, learned AGA for the State respondent.

(2.) INSTANT criminal appeal has been filed by Dubari son of Baour @ Ambar challenging the judgment and order dated 19.8.2011 passed by the learned Additional Sessions Judge, Court No.6, Sitapur in Sessions Trial No.110 of 2009, Case Crime no.389 of 2008, under Section 376 (2) (g), 506 IPC, Police Station Laharpur, District Sitapur by which the appellant had been convicted under Section 376 (2) (g) IPC and sentenced for 10 years imprisonment and fine of Rs.5000; and further convicted under Section 506 IPC and sentenced for two years imprisonment. In default of payment of fine, he has to undergo further six months imprisonment.

(3.) AS per prosecution version, the victim had gone to ease her self in the field of Vijay on 12.5.2008, at about 7 PM, in village Kuti Supauli, Police Station Laharpur, District Sitapur. The accused person Manoj and Dubari were already sitting in the sugar cane field. As soon as the victim arose after attending the call of nature, they caught hold of her and gagged her by thrusting a cloth in her mouth and raped her. On alarm, both of them fled away and threatened that if she will go to the police station, she will be killed. The victim moved an application to the Senior Superintendent of Police, Sitapur on 14.5.2008 and by his orders a case was registered in Police Station Laharpur on 24.5.2008, at about 8.30 AM. The victim was medically examined prior to lodging of FIR on 15.5.2008, at about 10 AM, in District Women Hospital, Sitapur. The concerned Medical Officer, referred her for radiological examination regarding her age and other tests. Veginal smear was also taken and was sent to District Hospital, Sitapur. The matter was investigated by S.K. Rawat, Sub Inspector, who submitted charge sheet, after recording of evidence and preparation of site plan, under Section 376, 506 IPC. The Magistrate took cognizance and comitted the case to the court of sessions for trial. Charge under Section 376 (2) (g) IPC was framed. The accused persons pleaded not guilty and claimed to be tried.