GUDDU RAIDAS Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rehan Ahmad Siddiqui, learned counsel and amicus curiae for the appellant and Sri Balkeshwar Srivastava, learned AGA for the State and perused the record.

(2.) The instant criminal appeal has been preferred against judgment and order of conviction dated 24.7.2013 passed by Additional Sessions Judge, court no.9, Hardoi in S.T. No.708 of 2011, State of U.P. Versus Vs. Guddu Raidas under Sections 376, 504 IPC arising out of Case Crime No.706 of 2011, P.S. Beniganj, District Hardoi, whereby the appellant has been sentenced to rigorous imprisonment for ten years with a fine of Rs.10,000/-, in case of default the appellant will have to suffer six months' additional rigorous imprisonment under Section 376 IPC and one year imprisonment with a fine of Rs.1000/-, in case of default, he will have to suffer one month's additional imprisonment under Section 504 IPC. Both the above sentences shall run concurrently.

(3.) Factual matrix of the case, as discernible from the record appears to be that first informant Pappu son of Nanhkey Raidas, resident of village-Jaraua, P.S-Beniganj, District Hardoi lodged the written report at P.S. Beniganj, District Hardoi to the effect that accused Guddu Raidas son of Sitaram Raidas enticed away his daughter aged about five years and took her to maize field where he sexually assaulted her. Her daughter came back home weepingly and told her mother that Guddu Raidas has teased her. First informant and his wife Pootana Devi inquired about the matter with accused Guddu Raidas, whereupon he abused them and began to run away from the place when he was caught with the help of co-villagers Ram Prasad son of Ram Swaroop, Jai Karan son of Chowdhary, Nahnkey son of Tarra, Lalta son of Nanhoo. The first informant came to the police station along with the victim, his wife and the accused (Guddu Raidas). Report be lodged and action be taken. This written report is Exhibit Ka-1. Relevant entries were made in the Check FIR at Crime No.706 of 2011, under Sections 376, 504 IPC at P.S. Beniganj on 9.8.2011 at 5.05 P.M. The check FIR is Exhibit Ka-2. On the basis of entries made in the Check FIR, case was registered against the appellant at P.S. Beniganj at aforesaid crime number vide entry made in Report No.26 at 5.05 P.M. under Sections 376, 504 IPC. Copy of the concerned GD is Exhibit Ka-3 on record.