BRIJESH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been preferred against the judgement and order dated 21/22.8.2006 passed by Additional Sessions Judge, Court No. 2 in S.T. No. 244 of 2004, Case Crime No. 125 of 2004, under Sections 376, 352 I.P.C. and Section 3(2)(v) of S.C./S.T. Act, Police Station- Lalganj, District-Raebareli, by which the trial court found the accused guilty for the aforesaid sections and sentenced him to life imprisonment and Rs. 5000/- fine with default stipulation under Section 376/2/F. He was further sentenced to two months rigorous imprisonment and Rs. 300/- fine with default stipulation under Section 352 and was also sentenced to life imprisonment and Rs. 5000/- fine with default stipulation under Section 3(2)(v) of the S.C./S.T. Act. All the sentences were to run concurrently.

(2.) The prosecution story unfolded as per F.I.R. and the prosecution case is that on 29.3.2004 at about 12 O'clock in the day time the grand daughter of the informant, whose name was Moni aged about 6 years old went to bring sugar cake (Batasha) from the neighbouring shop of Bachcha Singh. When she did not return after quite sometime then the informant and his family members started tracing the girl. When they reached Arhar Fields near the Hospital they heard shrieks, at this Shailesh and Ganesh ran towards the filed and saw that the accused Brijesh Singh was disrobed (Naked), Moni was also disrobed. Her mouth was gaged with cloth and the accused was raping the victim. As soon as the accused saw Shailesh and Ganesh, he chased them with Danda and finding an opportunity he fled away from the spot.

(3.) A written report was lodged by the Grand Father of the victim, which was registered at Crime No. 125 of 2004, under Sections 376, 352 I.P.C. and Section 3(2)(v) of S.C./S.T. Act, Police Station- Lalganj, District-Raebareli by Head Constable Arjun Singh, who has proved the Chick Report as Exhibit Ka-5. This witness also entered the details of the crime in the G.D. And proved as Exhibit Ka-6.