TULSI DAS Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal has been preferred against the judgement dated 7.11.2014 passed by Sessions Judge, Lalitput in Sessions Trial No. 106 of 2009 (State Vs. Tulsi Das) arising out of Case Crime No. C-21 of 2009, Police Station-Jakhaura, District-Lalitpur, under Sections 376 and 506 I.P.C., whereby the accused Tulsi Das ws found guilty under Sections 376 and 506 I.P.C. and convicted and sentenced to seven years rigorous imprisonment and fine of Rs. 20,000/- under Section 376 I.P.C. out of which 50% was ordered to be paid to the victim and sentence to undergo rigorous imprisonment for one year and fine to the tune of Rs. 2,000/- under Section 506 I.P.C. with default stipulation. All the sentences were to run concurrently.

(2.) The brief facts as per prosecution story are that the prosecutrix Smt. Savitri moved an application before the C.J.M. Lalitput under Section 156(3) Cr.P.C. stating that on 14.1.2005 at about 10:00 p.m., she was sleeping in her house, accused Tulsi Das knocked at her door. She opened the door and asked the accused, why he had come, at this, the accused asked her about the whereabouts of her family members. She told the accused that her family members had gone out the house to look after the crop . Accused threw her on the ground, he was armed with country made pistol, which was pointed out at the victim. He pressed her mouth, forcibly removed her clothes and committed rape on her. On alarming, he threatened to kill her. On hue and cry being raised her brothers-in-law Ratan Singh and Anand Singh, who were sleeping in the nearby house came to the spot, they tried to apprehend the accused, who threatened to kill the witnesses and fled away. She reported the matter to the Superintendent of Police, Lalitput, but no action was taken. Hence, she moved an application under Section 156(3) Cr.P.C. This application under Section 156(3) Cr.P.C. was got registered as an F.I.R. and investigation followed. After investigation of the case, the police submitted final report against the accused. Notices were issued to the prosecutrix at which she filed a protest petition before the C.J.M., Lalitpur, who rejected the final report vide order dated 16.1.2008 and registered the matter as a complaint case. Thereafter, the statement of the prosecutrix was recorded under the provisions of Section 200 Cr.P.C. The statements of Ratan Singh and Anand Singh were recorded under Section 202 Cr.P.C. After that the accused was summoned under Section 375 and 506 I.P.C. and the case was committed to the court of sessions for trial. Charges were framed against the accused under Section 375 and 506 I.P.C., who denied the charges and claimed trial.

(3.) The prosecutrix examined P.W. 1 Savitri, P.W. 2 Anand Singh and P.W. 3 Ratan Singh and concluded its evidence. The statement of the accused was recorded under Section 313 Cr.P.C., who denied the incident and stated that he had been falsely implicated due to enmity. He further stated that he had purchased land from the husband of the prosecutrix after paying consideration, but the deed was not registered, when he insisted for registration of the deed, he was falsely implicated. The accused-appellant examined Lakhan Singh, D.W. 1 in defence.