GAURAV YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is by the accused appellant Gaurav Yadav @ Phadka challenging the judgment and order of conviction and sentence, dtd. 11/4/2017, passed by the Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, Agra in Special Session Trial No. 44 of 2011 (State vs. Gaurav Yadav @ Phadka) arising out of Case Crime No. 94 of 2011, Police Station Chhatta, District Agra, whereby he has been convicted and sentenced to life imprisonment under Sec. 376 IPC read with Sec. 3(2)(V) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act with fine of Rs.10,000.00 and in default of fine he is to undergo six months' additional imprisonment.

(2.) The prosecution case proceeds on a written report (Ex.Ka.1) given by the informant Bhagwan Das (PW-1), scribed by Deepak Khare, stating that on 3/4/5/2011 at about 10.00 pm the informant was sleeping outside his house alongwith his wife (PW-4) and 8 years old daughter (victim). The informant's wife woke up at about 02.00 in the night and found that her daughter was lying next her in a pool of blood. She (PW-2) screamed as a result of which informant and other family members woke up and rushed to the victim, who informed that a person took her while she was sleeping and subjected her to sexual assault and thereafter assaulted her with brickbat, so as to kill her and thinking that victim has died left her alone. Somehow the victim returned and lay next to her mother. The victim thereafter fainted. The victim was taken to emergency wing for treatment after informing the police. Her operation and treatment was going on when request was made to take appropriate action on the report.

(3.) On the basis of aforesaid written report First Information Report (Ex.Ka.7) got registered as Case Crime No.94 of 2011, under Ss. 376, 307 IPC, Police Station Chhatta, District Agra on 4/5/2011 at 02.00 am. Investigation commenced in the matter. Recovery of bloodstain and plain earth was made from the spot vide Ex.Ka.2. Recovery of underwear of victim was also made vide Ex.Ka.3.