BITTU Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 16.12.2013 passed by Additional Sessions Judge, Court No. 7, Agra in S.T. No. 478 of 2011 (State of Uttar Pradesh Vs. Bittu) arising out of Crime No. 49of 2000, under Sections 452, 354, 376 and 506 I.P.C., Police Station-Jagdispura, District-Agra, whereby the accused was found guilty and sentenced to 10 years rigorous imprisonment and Rs. 10,000/- fine under Section 376 I.P.C.; and 3 years rigorous imprisonment and Rs. 3000/- fine under Section 452 I.P.C. 1 year rigorous imprisonment and Rs. 1000/- fine under Section 506 I.P.C. with default stipulation.

(2.) Filtering out unnecessary details, the case of the prosecution is that Smt. Minesh lodged a report that she alongwith her husband were living in the house of Munna Lal for the last three months. On 27.1.2000 at 6:00 a.m., she went to attend the call of nature. Her daughter aged about 14 years was alone in the house. Suddenly, the nephew of the landlord came in the house and molesting her. When the victim raised hue and cry, the informant and neighbour including Rajendra and Roop Singh and other came to the spot, at which Bittu fled away after threatening.

(3.) On the basis of this report, chik report was scribed by Constable Sukhbir Singh P.W. 4, who proved the chik report as Exhibit Ka-4. He further scribed the G.D., which was proved by this witness as Exhibit Ka-5.