SATTEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 29.10.2015 passed by the learned Additional District & Sessions Judge, (Fast Track Court), Basti in Sessions Trial No. 283 of 2011 (State v/s. Sattey) arising out of Case Crime No. 709 of 2010, under Ss. 376, 506(2) IPC, Police Station -Parasrampur, District -Basti, whereby the accused -appellant Sattey has been convicted and sentenced to seven years' rigorous imprisonment and a fine of Rs. 10,000/ - under Sec. 376 IPC and one year's rigorous imprisonment and a fine of Rs. 500/ - under Sec. 506(2) IPC with default stipulation. Out of the fine amount so deposited by the accused -appellant, half was directed to be paid to the victim.

(2.) Filtering out the unnecessary details, the prosecution case, in brief, is that a written report was handed over by the victim to the Station Officer, Police Station -Parasrampur, District Basti on 01.07.2010 to the effect that her husband lives in Bombay. In the intervening night 24/25.06.2010, when she was sleeping alongwith her children after taking her meal, at about 2.00 a.m. Sattey, son of Bhai Lal, who resides in the same village, entered into her house and started raping her on the cot on which she was sleeping. When she cried out, several persons of the village rushed there, then he fled away leaving the victim. Due to defamation in the society, she did not report the matter. When accused started threatening that she can do nothing of him, she went to her brother's house at Shervadeeh and narrated the incident to her brother.

(3.) On 01.07.2010, she went to Shervadeeh Police Station -Haraiya alongwith her brother Rakesh, son of Ram prasad and handed over a written report, Ext. Ka -1. On the basis of the aforesaid report, a case was registered at 11.30 a.m. at case crime No. 709 of 2010, under Ss. 376, 506 IPC against the accused Sattey, which was entered in G.D Report No. 25, dated 01.07.2010. After registration of the case, the investigation was entrusted to S.I. Ram Achal Verma, who copied the report in the case diary, recorded the statement of the chik writer Constable Muharrir, informant and the victim and entered the same in the case diary. Thereafter, he recorded the statement of Km. Poonam, daughter of the informant and Rakesh, brother of the informant and entered the same in the case diary. On the pointing out of the victim, he got the site plan prepared through S.I., Daddan Singh. He proved the same as Exhibit Ka -7. Thereafter, the accused was arrested and his statement was recorded in the case diary. Thereafter, the investigation was transferred to S.I., S.K. Patel, P. W 8, who, after the investigation was transferred to him, after completing the investigation submitted the charge sheet against the accused Sattey under Ss. 376, 506 IPC, as Exhibit. Ka 10.