KALU @ OM VEER Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 7.10.2013 passed by Addl. Sessions Judge Court No.4 Aligarh in ST No.702 of 2007 State Vs. Kalu @ Om Veer, under Section 376 and 506 Penal Code P.S. Gonda District Aligarh whereby the accused appellant has been convicted under Sec. 376 Penal Code and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000.00 with default clause. The trial court had further convicted the accused appellant under Sec. 506 Penal Code and sentenced him to undergo R.I. for one year.

(2.) The prosecution case, in brief, is that one Satya Prakash son of Sri Lekhraj resident of village Nagla Balram P.S. Gonda District Aligarh had lodged a written report (Ext.Ka.2) in P.S. Gonda on 8.5.2007 at about 6.30 p.m. According to the First Information Report, the sister of the first informant (hereinafter referred to as 'the prosecutrix') on 8.5.2007 at about 5 o'clock in the morning went to ease herself in the jungle. As soon as she reached beside the field of Chari of one Suraj Pal singh, accused appellant Kalu @ Om Veer with bad intention had forcibly dragged her sister inside the field of Chari and began to commit rape upon her. On the cry of her sister, witnesses Punjabi son of Nanua Ram, Suresh son of Bhikamber and Bhupendra son of Punjabi had rushed towards the field of Chari and on seeing them the accused appellant had fled away leaving her sister behind him and he had also extended threat while fleeing away. The witnesses tried to catch him hold but he managed to escape.

(3.) On the basis of the aforesaid First Information Report (Ext.Ka.2) constable clerk Vijendra Singh (PW-6) prepared the Chick FIR (Ext.Ka.8) and registered the case at Crime No.189/07 under Sec. 376 and 506 IPC against the accused and also made an entry in that regard in the General Diary of the police station.