GANESH SEN Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 19.10.2015 passed by Additional Session Judge (Fast Track Court), Lalitpur in S.T. No. 65 of 2015 (Sate Vs. Ganesh Sen) arising out of Crime No. 502 of 2015, under Section 452, 376 (1), 387 I.P.C., Police Station-Lalitpur, District-Lalitpur, whereby the learned lower court found the accused-appellant guilty under Sections 452, 376(1) and 387 I.P.C. and sentenced him to 5 years rigorous imprisonment and Rs. 5,000/- under Section 452. 10 years rigorous imprisonment and Rs. 10,000/- under Section 376(1) and 4 years rigorous imprisonment and Rs. 4,000/- under Section 387 I.P.C. with default stipulation.

(2.) As per the prosecution case an F.I.R. was lodged by the victim herself to the S.P., Lalitpur stating that on 8.3.2015 at 5:00 p.m., the accused came to the residence of the informant and demanded Rs. 50,000/-. The informant refused to give him money, at which the appellant threatened the victim and said that if she would tell anybody about their relationship or about the appellant, he would kill her husband and her children with his witchcraft "Tantra Vidya" and would also show her clips to everybody. The informant was very much afraid from the threat of the appellant.

(3.) The husband of the victim is working in the Fisheries Department, who was posted at Matateela. The son of the informant is studying at Bhopal and her daughter is doing the Beauty Parlor course. Six months prior to the lodging of the F.I.R., the informant was having ill-health. She was going to the hospital, on the way near Tuvan Temple, she met the appellant, who saw the condition of the informant and said that he would treat her with his witchcraft. The informant believed the appellant, who came to her house to treat her. She was alone in the house. The appellant sprinkled some water, which he had brought alongwith him, on the victim, due to which the victim became unconscious. At this, the appellant raped her and clipped her naked photographs by his mobile. When the informant gained consciousness the appellant said that whenever he would want, he would have intercourse with the victim and if she revealed anything to anybody or resisted his coming he would show her photographs to everybody and would defame her. On this threat, the appellant raped the victim for six months continuously and also tortured her mentally and physically and extorted money many times he had taken one to two thousand rupees from the victim also, hence the report was submitted on 11.3.2015.