RAM SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the accused-appellant, learned AGA for the State of U.P. and perused the material available on record.

(2.) Under challenge in the appeal is the judgment and order dated 2.4.2007 passed by the learned Addl. Sessions Judge, Court No. 2, Mahoba in S.S.T. No. 50 of 2004, State Vs. Ram Singh in Case Crime No. 312 of 2004, under Sections 376/506 IPC read with Section 3 (2) V Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, P.S. Ajnar, District- Mahoba,whereby the accused- appellant has been convicted for the offence under Section 376 IPC and sentenced to R.I. for 10 years along with fine of Rs. 5000/- and further convicted for the offence under Section 3 (2) V Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and sentenced to imprisonment for life along with fine of Rs. 5000/- with default stipulation of one year additional imprisonment.

(3.) The FIR of the case was registered on 15.9.2004 at 18:20 hours with respect to incident that took place on 9.9.2004 at about 12 hours. The prosecutrix is the resident of Village- Sagunia, P.S. Ajnar, District- Mahoba. On 9.9.2004 at about 12 hours of the day, the victim was going to give meals to her grand mother Sarjoo. The accused-appellant Ram Singh was following her. As the prosecutrix/ victim reached the field of Harish Chandra Lodhi, the accused-appellant Ram Singh took her to the field and thereafter undressed her and committed sexual assault. She raised alarm then the accused-appellant threatened her. On hearing the alarm, the grand mother who was in nearby field reached to the spot. The accused-appellant Ram Singh fled away leaving the victim/prosecutrix there then the victim conveyed a message to her parents through Kallu who were living away from the village but he did not come from there. Thereafter she lodged the FIR on 15.9.2004. After lodging of the FIR, the investigation proceeded. During the course of investigation the victim was medically examined, her under garment were taken by the police in the custody. Her radiological examination was also conducted to ascertain her age. The I.O. prepared the site plan. The investigation of the case culminated into filing of the charge sheet.