SANJAI BAWARIYA Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 18.11.2010 passed by the learned Additional Sessions Judge, Court No. 11, Bareilly in Sessions Trial Nos. 872 and 873 of 2007 (State of U.P. vs Sanjai Bawariya) arising out of Case Crime No. 146 of 2007, under sections 452, 323, 376, 506 IPC and 3/25 Arms Act, police station Subhash Nagar, district Bareilly, whereby the appellant Sanjai Bawariya has been convicted and sentenced to one year rigorous imprisonment, under section 323 IPC, ten years' rigorous imprisonment and a fine of Rs. 5000/- under section 376 IPC and three years' rigorous imprisonment and a fine of Rs. 5000/- under section 452 IPC with default stipulation.

(2.) In brief the case of the prosecution is that a written report was lodged by Parmeshwari Dayal Mishra stating that he is resident of mohalla Tilak Colony and is tenant in the house of Satendra Upadhyay. He is working in "Dainik Jagran", newspaper as Dak Messenger. His son Pramod Mishra is a labourer. On 20.02.2007 when the informant along with his son Pramod returned home at 12.00 at night after finishing the work, he found his wife Smt. Shakuntala weeping in the house in an injured condition, who told the informant that their neighbour Sanjai Bawariya had forcibly entered the house, assaulted the family members and forcibly took the victim, wife of Pramod on the point of country made pistol on the roof and is raping her in the land-lord' room forcibly on the point of country made pistol. The informant and his son Pramod went to the roof and peeped into room through aperture in the wooden door, which was lightened with a bulb. He saw the accused appellant raping the victim, who was lying beneath the accused and crying for help. When the informant and his son knocked the door, Sanjai Bawariya opened the door after wearing his pant, threatened the informant and his son pointing the country made pistol at him, at which the informant and his son were frightened. The accused fled away from the stairs. The informant and his son shouted for help, but due to fear of the accused nobody came to their rescue. Thus, he brought the victim along with him to lodge the report.

(3.) Constable 622 Balram Singh prepared the chik report and proved it as Ext. Ka-5. He further scribed the details of the case in the G.D. and proved it as Ext. Ka-6. He also proved the FIR relating to section 25 Arms Act as Ext. Ka-7 and its G.D. as Ext. Ka-8. Investigation of the matter was entrusted to PW-8, S.I. Bhuvneshwar Singh on 20.02.2007. He apprehended the accused on 20.02.2007 at 21.40 hours and recovered the country made pistol from his possession. A confessional statement is said to have been made by the apprehended accused before the Investigating Officer, who prepared the recovery memo on the spot and proved it as Ext. Ka-9. He deposited the country made pistol in the Maalkhana and the accused was brought to the police station. S.I., Ramesh Chandra Sharma, PW-9 conducted investigation in the case of 25 Arms Act. He prepared the site plan and proved it as Ext. Ka-10. He submitted charge sheet and proved it as Ext. Ka-11. He further proved the prosecution sanction as Ext. Ka-12.