PHOOL KHAN @ PAPPU Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 18.2.2015 passed by Additional Sessions Judge/Fast Track Court, Auraiya in S.T. No. 165 of 2013 (State Vs. Phool Khan @ Pappu) arising out of Crime No. 91 of 2013, under Section 376 I.P.C., Police Station-Bidhuna, District-Auraiya, whereby the accused was found guilty and sentenced to 10 years rigorous imprisonment and Rs. 10,000/- fine with default stipulation.

(2.) Filtering out unnecessary details, the case of the prosecution is that a report was lodged by the victim stating that the accused is a Chowkidar in a Talkies near the C.O. Office. He is the resident of Badhin, who presently resides in one room in the Talkies. He does conjuration (Bhaktai). On 19.4.2013, the victim accompanied by her parents and husband went to the accused for treatment, at this the accused called the victim on 21.4.2013 in the morning. On 21.4.2013, again the victim went to the accused with her parents and husband at 8:30 a.m., at which Phool Khan @ Pappu Khan asked the husband and parents of the victim to sit outside and took the victim in his room in Talkies and raped her. When the victim raised hue and cry, her husband and parents ran to the place of incident, at which the accused left the victim and threatened her.

(3.) On the basis of this report, Constable Anil Kumar, P.W. 4 scribed the chik report, which was proved by this witness as Exhibit Ka-4. On the basis of chik report, this witness prepared the G.D., which was proved as Exhibit Ka-5.