RAGHUVEER LODH Vs. STATE OF U P

JUDGEMENT

(1.) Sri Vishnu Swaroop Srivastava, learned Amicus Curiae for the appellant, Sri Sharad Dixit, learned A.G.A. for the State were heard at length.

(2.) The instant criminal appeal has been preferred by the appellant-Raghuveer Lodh challenging the judgment and order dated 31.07.2012 passed by learned Special Judge (S.C./S.T.) Act, Unnao, in Special Sessions Trial No.172 of 2009, arising out of Case Crime No.1236 of 2009, under Section 376 IPC read with Section 3 (2) (5) S.C/.S.T. Act, Police Station Makhi, District Unnao, whereby the appellant Raghuveer Lodh was convicted for the offence under Section 376 read with Section 3 (2) (5) S.C./S.T. Act and was sentenced with imprisonment for life and also with fine of Rs.25,000/- with default stipulation of three years' additional simple imprisonment.

(3.) In brief, the case of the prosecution was that the complainant Smt. Ramdei gave a typed application addressed to Superintendent of Police, Unnao, on 04.09.2009 alleging therein that she is resident of Vijay Kheda, Police Station Makhi, District Unnao and belongs to scheduled caste. She had gone alongwith her minor daughter aged about 14 years (hereinafter referred as victim) for taking out weeds from her paddy field. In the noon at about 12 the complainant leaving her daughter in the field went to her house to bring food because the father of the victim had already gone to the house of her sister (Bua of the victim) which comes within the circle of Police Station Kotwali District Unnao. This incident had taken place on 03.09.2009 at about 12.30 p.m. the appellant Raghuveer Lodh aged about 45 years reached at the field of the complainant and asked her daughter about whereabouts of her parents. When the victim replied that her mother has gone to take meals and father has gone to the house of her sister (Bua of the victim) then on this reply the appellant shut the mouth of the victim and dragged her into the corn field of Angnoo and after threatening her he committed rape with her. When the complainant reached at her field then her daughter narrated the entire story to her. In the meantime, the appellant came to the complainant and confessed his guilt and made a request to excuse him for the said guilt. The complainant also started crying and came back to her house. The mother of the appellant also came to the house of the complainant and regretted the mistake committed by her son Raghuveer Lodh. Since the appellant had laid a trap on the way to the police station, therefore, the FIR of this case could not be given on the same day and it was given on 04.09.2009. On this application under the order of Superintendent of Police, Unnao, the case was registered at 16.05 hours. The distance of the police station from the place of occurrence was about 12 kms.