BALVEER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 13.10.2015 passed by the learned Additional District and Sessions Judge, Fast Track Court, Jhansi in ST No. 186 of 2009, (State Vs. Balveer and another) arising out of Crime No. 251 of 2004, under Sections 376, 452, 323, 506, 354 IPC, Police Station Raksa, District Jhansi whereby the accused appellants were found guilty and sentenced to 10 years' rigorous imprisonment and Rs.10,000/- each fine under Section 376 (g) IPC; four years' rigorous imprisonment and Rs.5,000/- each fine under Section 452 IPC and one year's rigorous imprisonment and Rs.1,000/- each fine under Section 354 IPC; and three months' rigorous imprisonment under Section 323 IPC with default stipulation. Under Section 506 IPC all the accused were acquitted.

(2.) However, both the accused appellants were acquitted under Section 506 IPC.

(3.) Filtering out the unnecessary details, the prosecution case in brief is that initially an FIR was lodged on 09.04.2004 against the appellants Balveer Singh and Rakesh Kumar by the informant, father of the victim at Case Crime No. 251 of 2004 under Sections 376, 452, 323, 506 IPC, Police Station Raksa, District Jhansi stating that on 30.03.2004, the daughter of the informant had gone to her house situated in the village to clean utensils and as soon as she opened the lock and entered the house, the accused persons entered from behind and started threatening the girl. When she tried to raise alarm, they pressed her mouth and started beating her with legs and fists. They threatened to kill her and her family members and fled way from the spot. After this, the victim reached home while weeping and narrated the incident to her parents.