SHIVPOOJAN Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 02.05.2013 passed by Dr. Gokulesh, learned Additional Sessions Judge, Court No. 1, Banda in Sessions Trial No. 235 of 2010 (State vs Shivpoojan) arising out of Case Crime No. 178 of 2010, under sections 452, 376, 323, 504, 506 IPC, Police Station Atarra, district Banda, whereby the appellant Shivpoojan has been convicted and sentenced to two years' RI under section 452 IPC and a fine of Rs. 1000/-, one year's RI under section 323 IPC, seven years' RI under section 376 IPC and a fine of Rs. 5000/-, six months' RI each under sections 504 and 506 IPC with default stipulation.

(2.) Filtering out unnecessary details, the prosecution case is that a written report was lodged by one Jagjeevan Ram mentioning that he is resident of Shiv police station Bisanda, district Banda and belongs to scheduled castes. He accompanied by his 15 years old niece went to his maternal uncle Pradeep Kumar's house at Khambhaura, police station Atarra on 06.07.2010. He had taken lunch and remained there in the house of his maternal uncle Pradeep Kumar. At about 8.00 p.m. he had taken dinner at the house of Ramgulam and were going to sleep, suddenly in the intervening night of 6/7 of July, 2010 at 10.00 p.m., the accused Sadashiv and Shivpoojan entered the house of Ramgulam, lifted the informant from the cot, abused him and took him near the tap. They used caste derogatory remarks towards the informant. They were armed with country-made pistol. They asked the informant to call the girl, which he had brought with him. When he refused, he was badly beaten. The niece of the informant was taken away at the point of country-made pistol in the adjoining house and both the accused committed rape on her. They also threatened the girl and fled away. The informant along with the victim came to the station in the night and stayed at the station and later on written report was lodged.

(3.) On the basis of this written report, PW-5 Constable Lakharam prepared the chik report, which was proved as Ext. Ka-5. He further scribed the G.D. and proved it as Ext. Ka-6.