ARUN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned A.G.A.

(2.) This criminal appeal has been preferred against the judgment and order dated 29.06.2013, passed by Additional Sessions Judge / Special Judge (SC/ST Act), Meerut, in Sessions Trial No. 114 of 2007 (State of U.P. vs. Arun @ Bheem), registered as Case Crime No. 337 of 2006, under Sections 376, 506, 323, I.P.C. and Section 3(2)(5) SC/ST Act, Police Station Partapur, District Meerut, whereby the appellant has been convicted and sentenced for the offences punishable under Section 376 I.P.C. for 7 years rigorous imprisonment with a fine of Rs. 10,000/- with default stipulation.

(3.) Brief facts of the prosecution case according to first information report and the prosecution story is that on 09.10.2006, the sister of the informant namely Sunita had gone to the field for bringing fodder. On the way, she met the accused Arun @ Bheem, who put a country made pistol on her temple and used caste relating abusive language. The accused appellant took the victim Sunita to the sugarcane field, where he assaulted and raped her. When the victim raised hue and cry, the mother of the informant, who was following her daughter, came there, at which, the accused appellant also abused the mother of the informant and said that he had raped the victim, thus, the written first information report was lodged at the police station.