RAM DEO CHAMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 30.5.2011 passed by Additional Sessions Judge, Maharajganj in Sessions Trial No. 31 of 2008 (State of U.P. Vs. Ram Deo Chamar) arising out of Case Crime No. 781 of 2007 under Sections 452, 376, 323, 506 IPC, Police Station-Nautanwan, District-Mahrajganj, whereby the accused was found guilty and sentenced to 3 years R.I. and fine of Rs.2000/- under section 452 I.P.C.; 10 years R.I. and fine of Rs.1000/- under section 376 I.P.C.; 6 months R.I. under section 323 IPC and 2 years R.I. under section 506 IPC and further six months imprisonment in case of default of payment of fine.

(2.) The facts culled out from the record in a nut shell are that Subhawati wife of Lakshman Harijan is informant who had no issue. Hence, she married her real sister the victim to her husband so that he could have children. The victim was deaf and dumb both. The sisters used to live with their husband in one house. On 02.11.2007 at about 10.00 A.M., the victim was alone in house. Both her children were playing out side of the house and at that time Ram Deo taking the benefit of deaf and dumb of the victim entered into the house of informant and started committing rape on the victim. The informant came back from her shop which is situated near Mata Ka Mandir. As soon as she entered in the house, she saw the appellant raping her sister.

(3.) She raised alarm and caught the accused. On alarm being raised by informant, neighbour ladies Sonrahi, Bhagtin, Reenu daughter of Hari, Rambha daughter of Ram Samujh Yadav came at which Ram Deo assaulted the informant on her stomach with her leg and fled away. The accused came back to the door of the informant and said that if she would lodge the FIR, he will kill them. Seeking an opportunity, she came to the police station and lodged the report. Chick report was scribed by constable Markandey Upadhya, P.W. 7. He proved the chick report as Ka-4 and copy of G.D. as Ext. Ka-5.