THAKUR Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 29.2.2012 passed by Additional Sessions Judge/Special Judge (SC/ST Act), Fatehpur in S.T. No. 46 of 2009 (State Vs. Thakur @ Umendra Jogi) arising out of Crime No. 26 of 2008, under Sections 376 I.P.C. and 3(1)(xii) SC/ST Act, Police Station-Jafarganj, District-Fatehpur, whereby the accused was found guilty under Section 376 I.P.C. and 3(1)(xii) SC/ST Act and was sentenced to 7 years rigorous imprisonment and Rs. 7,000/- fine, under Section 376 I.P.C. and was sentenced to 1 year rigorous imprisonment and Rs. 1,000/- fine under Section 3(1)(xii) SC/ST Act with default stipulation.

(2.) The prosecution case in brief is that the mother of the victim filed a written report before the S.O., Police Station-Jafarganj, District-Fatehpur stating that she belongs to Khatik caste. On 9.11.2008, her daughter at about 9:00 p.m. had gone to attend the call of nature. She was accompanied by younger sister Rani @ Soni. As soon as the victim ease herself, appellant Thakur Jogi dragged her into the field of Pooni and raped the victim. The younger daughter raised alarm and ran home, at which the informant, her son, her brother-in-law, her sister-in-law and other neighbour reached the spot, at which the appellant left his underwear and slipper there and fled away after threatening the informant. When the informant reached the police station, she was driven away by police personnel of the police station, then she approached the S.P. concerned, who directed the police to lodge her report.

(3.) On the basis of written report Constable 701 C.P. Ashok Kumar P.W. 8 proved the chik report scribed by Head Moharir Amar Singh. This witness proved the chik report as Exhibit Ka-9 and the copy of the G.D. as Exhibit Ka-10.