KALLU KAHAR Vs. STATE OF U P

JUDGEMENT

(1.) The present two appeals have been filed against the judgment and order dated 15.9.2005 passed by Additional Sessions Judge, F.T.C. No.4, Banda in Sessions Trial No.60 of 2005 "State Vs. Kallu Kanchhi and Kallu Kahar", under Sections 452, 376, 504, 506 I.P.C., Case Crime No.139 of 2004, P.S. Giranwa, District Banda, by which the accused appellant of Criminal Appeal No. 4168 of 2005 Kallu Kanchhi was convicted for the offence under Section 114 I.P.C. and sentence with five years rigorous imprisonment and Rs.3,000/- fine and accused appellant of Criminal Appeal No.4840 of 2005 Kallu Kahar was convicted for the offence under Sections 376 and 450 I.P.C. and sentenced with ten years rigorous imprisonment and Rs.6,000/- fine under Section 376 I.P.C. and five years rigorous imprisonment and Rs.3,000/- fine under Section 450 I.P.C. with respective default clauses.

(2.) The F.I.R. of this case was lodged by prosecutrix on 21.8.2004 at 2:10 p.m. with the averments that, "on 12.8.2004 at about 10:00 p.m. when she was sleeping all alone in her house, as her husband was out to Punjab for earning livelihood, both the accused appellants armed with fire arms entered in her house by opening the door which was bolted by KUNDI from inside by inserting their hands, caught hold of her and when she tried to raise alarm she was over-powered and was threatened of life and while accused appellant Kallu Kanchhi remain standing there with pistol in his hand, the appellant Kallu Kahar committed rape on her and when they left by rear door she raised alarm upon which her sister-in-law (Jethani) Munni Bai and brother-in-law (Jeth) Raj Bahadur as well as persons of village and neighborhood arrived there and saw the two culprits going out from the house of victim. It is also alleged that when the brother-in-law of prosecutrix/victim asked the appellants Kallu Kanchhi and Kallu Kahar that they have committed a wrong, they threatened him of life in case the matter is reported."

(3.) Upon investigation, charge-sheet was submitted against the two accused-appellants under Sections 452, 376, 504, 506 I.P.C. and the case was committed to Sessions. The Sessions Judge, Banda framed charges under Sections 450 and 376 I.P.C. against Kallu Kahar and under Sections 450 and 114 I.P.C. against Kallu Kanchhi. The accused-appellants denied from charges and claimed trial.