KARTAR YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and punishment dated 10-12-2009 passed by Addl. Sessions Judge/ F.T.C.-1, Jaunpur in S.T. No. 14/ 2004 State v. Kartar Yadav, crime no.- 242/ 2006, sections 376, 506 IPC and section 3(2)(v) The Scheduled Castes or Schedule Tribes (Prevention of Atrocities) Act, 1989 [hereinafter referred to as "SC/ST Act"].

(2.) Sri M.P. Yadav, Advocate appeared on behalf of appellant. Sri Chadrajeet Yadav, AGA appeared on behalf of the State.

(3.) The prosecution case in brief is that complainant Mamta Devi (PW-1) belong to 'chamar' caste and is resident of village Lakhraiya, p.s. Sarpataha, Jaunpur with her mother-in-law. Accused Kartar Yadav also belong to same village. On 05/06-09-2006 at about 2:00 a.m. in the night, complainant Mamta Devi (PW-1) was sleeping in courtyard of her house, then accused Kartar Yadav entered her house and raped her. Then complainant raised alarm, due to which her mother-in-law Savitri Devi (PW-2) and many other person of the village came on the spot and had seen that Kartar Yadav had raped the complainant and fled away. Since accused Kartar Yadav was flashing knife and therefore he could not caught on spot. Complainant went to police station but her report was not lodged. Then complainant got herself medically examined by doctors and moved application under Section 156(3) Cr.P.C. The Magistrate Court had allowed the said application, therefore case crime no. 242 of 2006 u/ss 376, 506 IPC and section 3(1)(x) SC/ST Act was registered in police station Sarpatha, Jaunpur. After investigation the police has submitted charge-sheet for offence under sections 376, 506 IPC and section 3(2)(V) SC/ST Act, for which accused-appellant was charged. In trial accused pleaded no guilty and claimed to be trial.