SUNIL TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Shashi Prakash Mishra, learned counsel for the appellant and learned A.G.A.

(2.) This appeal has been preferred against the judgment dated 20.11.2013 passed by Additional Sessions Judge, Sant Kabir Nagar, in S.T. No. 113 of 2011, registered as Case Crime No. 847 of 2011, under Ss. 324, 376 I.P.C., Police Station Bakhira, District Sant Kabir Nagar, whereby the accused Sunil Tiwari was found guilty under Ss. 324, 376 I.P.C. and was sentenced to two years R.I. Under Sec. 324 I.P.C. ans seven years R.I. Coupled with Rs. 5000/ - as fine under Sec. 376 I.P.C. with default stipulation. Half of the amount of fine was ordered to be paid to the victim.

(3.) The prosecution story in brief is that a written report was lodged by Kamlawati, mother of the victim stating that on 09.06.2011, her daughter Suman aged about 14 years was returning home after purchasing kerosene oil from the reserve quota shop. As soon as, she reached near the house of Om Prakash, near the bush, suddenly Sunil Tieari, son of Om Prakash Tiwari came and dragged her daughter in a lonely place near the bushes. When the victim resisted, she was injured with a knife. The victim was dropped on the ground and she was raped. When the victim did not return in time to her house, the informant went to trace her. On the way, near the bushes, she heard the shrieks sound of her daughter. She went near and saw that the accused Sunil Tiwari was raping her daughter. On seeking the informant, he fled away. The informant is living alone with her mother -in -law and her husband is doing the work of labourer at Bombay. Her daughter was lying unconscious due to the trauma of the occurrence. Then she lodged the report.