MUNISH Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 17.9.2010 passed by the Special Judge, SC & ST Act, Kannauj, in S.T.No. 292 of 2008 arising out of Case Crime No.108 of 2003, State vs. Munish, convicting the appellant under Sections 376 I.P.C. and 3(2)(v) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short '1989 Act'), and sentencing him under Section 376 IPC for 10 years rigorous imprisonment with fine of Rs.1000/- and in default of payment of fine 6 months rigorous imprisonment and under Section 3(2)(v) of 1989 Act life imprisonment. Both sentences were ordered to run concurrently.

(2.) The prosecution case, in brief, is that one Chhote Lal who along with his wife used to work at a brick kiln of Bahadurpur village, reported to the police that on 24.5.2008 they were at his tent (dwelling place) at brick kiln. Due to scorching heat the informant along with his four year old daughter Rita was lying on a brick stack. At about 10 O' Clock in the night, appellant Munish who too was engaged for withdrawal of bricks from the kiln, appeared there and said that a ghost had overcome him and requested to light a deepak (earthen lamp) in his name. On being told the informant went to light an earthen lamp and on coming back did not find his 4 year old daughter Rita there. On raising an alarm that his daughter had been taken away by Munish Botham, his wife with Dhaniram and Raghunath rushed to the spot and search was undertaken. They heard the screaming of the girl and in torch light Munish Botham was seen grappling the girl in the Nali of tube well belonging to one Devraj. The girl was weeping and on arriving at the scene, Munish fled. The blood was coming out from her private parts. The informant lodged a first information report which was registered by Constable Clerk Maya Ram at G.D. report no.21 at about 17.30 O' Clock on 28.5.2008. The victim was medically examined by Dr. Renu Singh on 28.5.2008 and medical examination report Exhibit Ka-4 was prepared. The case was investigated by Circle Officer Ram Swarup Singh who inspected the place of occurrence, prepared the site plan (Ex.Ka-7) and after collection of sufficient evidence, submitted charge sheet against the accused appellant. The court took cognizance of the offence and complying with the provisions of Section 207 Cr.P.C. the appellant was provided copies of documents, and since offences were cognizable by Sessions Court, committed the case to Sessions Judge for trial, The Sessions Court framed charge against the appellant under Section 376 I.P.C. read with Section 3 (2)(v) of 1989 Act to which the appellant pleaded not guilty and claimed to be tried.

(3.) To prove its case the prosecution examined PW-1 Chhote Lal, PW-2 Reena, PW-3 Dr. Renu Gupta, PW-4 Head Constable Maya Ram and PW-5 Ram Swarup Singh, Circle Officer (Investigating Officer).