SANTOSH KUMAR MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and punishment dated 16.07.2008 passed by Special Judge SC/ST Act, Kanpur Dehat in Special S.T. No. 80 of 2002 (arising out of crime no. 40 of 2001) State v. Santosh Mishra under sections 323, 376, 504, 506 IPC and section 3(2)(v) of the Scheduled Castes or Schedule Tribes (Prevention of Atrocities) Act, 1989 [hereinafter referred to as "SC/ST Act"].

(2.) Prosecution case in brief is that complainant Shyam Narayan (PW-2) and his wife Smt. Meera Devi (PW-1) belong to chamar caste and are resident of village Indalpur, p.s. Shivrajpur, district Kanpur Dehat. On 03.04.2001 at about 05:00 p.m. in evening complainant's wife Meera Devi was cutting grass near the field of Raman Shukla of his village, then accused Santosh Mishra came from behind, grabbed her neck, closed her mouth and forcibly dragged in the field of Raman Shukla where he raped Meera Devi. When she raised alarm the complainant reached there and saw that Santosh Mishra was lying over the body of Meera Devi in necked condition. When complainant raised alarm then Santosh Mishra had scuffle with him, due to which neck of complainant was wounded by nails of accused Santosh Mishra. During this episode Sri Krishna, Awadhesh, and other villagers came there and saw that Santosh Kumar Mishra was abusing and threatening them. Complainant went directly to police station Shivrajpur for lodging report, but his report was not lodged, then he approached senior officers of police and thereafter he again moved application dated 07.04.2001 to S.S.P. Kanpur Dehat on which case crime no. 40 of 2001 under Section 323, 354, 376, 504 and 506 IPC and Section 3(1)(X) SC/ST Act was registered.

(3.) After completion of investigation, police had submitted charge-sheet for offences punishable under Section 323,376, 504 and 506 SIPC and Section 3(2)(v) SC/ST Act. On the basis of said charge-sheet, special session trial no. 80 of 2012 (State Vs. Santosh Mishra) was registered.