VEER PAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri A.B. Maurya, learned counsel for the appellant, learned Additional Government Advocate for the State-respondent and perused the record.

(2.) Challenge in this appeal is to the judgment and order dated 25.07.2015 passed by Smt. Reeta Kaushik, learned Additional Sessions Judge, Fast Track Court, Budaun in Sessions Trial No. 907 of 2013 (State vs Veer Pal) in Complaint Case No. 1308 of 2012, under sections 376, 511 IPC, police station Bilsi, district Budaun, whereby the accused Veer Pal was found guilty under sections 376, 511 IPC and was sentenced to five years' rigorous imprisonment and a fine of Rs. 20,000/- with default stipulation. 50% of the fine was directed to be paid to the victim.

(3.) Filtering out unnecessary details, the prosecution case is that a complaint case was filed before the learned Additional Chief Judicial Magistrate, Budaun stating that on 17.02.2010, the wife of the informant had gone to make cow-dung cakes, the daughter of the informant was alone in the house and was sleeping in a room, the accused-appellant, Veer Pal entered the house of the informant, he broke the tape of her salwar and threatened to kill her on the point of country made pistol and took off his pant and sat on the victim to rape her. The victim raised hue and cry, at which the daughter-in-law, namely, Morkali rushed from the other room, the neighbour Shiv Lal and others also came, at which the accused ran away wearing his pant and threatening everybody. The complainant moved an application to the police station, but nothing was done. Hence, complaint was lodged on 19.03.2010, which is Ext. Ka-2. On the basis of complaint case filed before the learned Additional Chief Judicial Magistrate, Budaun, the procedure as prescribed under sections 200 and 202 Cr.P.C. was followed by the Magistrate and after appearance of the accused the case was committed to the court of sessions, where charge was framed against the accused under section 376 IPC. The accused denied the charge and claimed trial.