SANJAY SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Dharmendr Kumar Singh, learned counsel for the appellant, Shri Virendra Kumar Pal, learned A.G.A for the State and perused the material available on record.

(2.) This instant criminal appeal has been filed by the convicted appellant- Sanjay Singh against the judgment and order dtd. 20/12/2002 passed by the Court of Special Judge, (S.C/S.T Act), Kanpur Dehat, in Special Sessions Trial No. 98 of 1998 (State v. Sanjay Singh), Case Crime No. 315 of 1997 under Sec. 376 I.P.C and 3 (2)(5) S.C/S.T Act, Police Station Mangalpur, District Kanpur Dehat, whereby the appellant has been convicted for offences under Sec. 376 I.P.C and sentenced to undergo ten years rigorous imprisonment alongwith a fine of Rs.5,000.00 and under Sec. 3(2)(5) of S.C/S.C Act for live imprisonment alongwith a fine of Rs.5,000.00. In default, he has been sentenced to undergo further imprisonment of one year under each conviction. All the sentences have been ordered to run concurrently.

(3.) The factual matrix is that the first informant -'R' P.W.-1 had given an application dtd. 11/12/1997 (Ex.Ka-1) in Police Station Mangalpur, Kanpur Dehat, with the averments, that today at about 12:00 noon her daughter 'K' aged about 14 years, had gone to defecate with a mug (Lota) from his house in the field of Ganga Ram @ Ganddhu and after defecating, when she was returning, then one Sanjay Singh forcibly grabbed the hand of victim 'K' and dragged her in the Arhar field of Ganga Ram @ Ganddhu, slammed her down, her mouth was gagged, her underwear was pulled off, thereafter wrong act was committed on her. Her daughter was shouting. On hearing her, he and Ram Pal and his brother Raj Kumar, who was working with him in Abadi land and sowing coriander(Dhania), rushed to that place and saw that Sanjay Singh was lying on her daughter with his pant down, doing wrong act. On seeing them, Sanjay Singh fled towards north, who was chased, but could not be apprehended.