BUWA YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 15.9.2015 passed by Additional Sessions Judge, Court No. 1, Ballia in S.T. No. 81 of 2014 (State Vs. Buwa Yadav @ Daya Shankar Yadav) arising out of Case Crime No. 451 of 2014, under Ss. 376 Gha, 342, 506 I.P.C. and Sec. 4 POCSO Act, Police Station -Rewati, District -Ballia whereby the accused Buwa Yadav @ Daya Shankar Yadav was found guilty and sentenced to 10 years rigorous imprisonment under Sec. 376 I.P.C. and 10 years rigorous imprisonment and Rs. 10,000/ - fine under Sec. 4 POCSO Act with default stipulation.

(2.) The brief facts of the prosecution case are that an F.I.R. was lodged by informant Beer Bahadur Bind stating that on 12.8.2014 at 10:00 p.m. his daughter aged about 13 years went to the fields to attend the call of nature, while she was returning home back the accused Buwa Yadav alongwith his two companions pressed the mouth of the girl, tied her hands and dragged her into the fields and all the three raped her one by one. When the accused persons anticipated somebody coming in nervosity, they left their pant, mobile and purse and fled away with the girl. The informant kept the pant, mobile and purse with him before the villagers. The girl was tried to be traced, but could not be traced.

(3.) In the next morning the victim was left at some distance from the village by the accused -appellant. He threatened that if she disclose about this incident to anyone, she and her family members would be killed. The purse, mobile and pant was being deposited with the police. The purse was having Rs. 17/ - and the photographs of the wife and children of accused -appellant. On the basis of this F.I.R., chik report was scribed.