RAJA BABU Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 16.01.2014 passed by Additional Sessions Judge, Court No. 3, Kannauj, in Sessions Trial No. 365 of 2010 (State vs. Raja Babu), arising out of Case Crime No. 242 of 2011, under Section 376 I.P.C., Police Station Thathiya, District Kannauj, whereby the accused was found guilty under Section 376 read with Section 511 I.P.C., who was convicted and sentenced to four years rigorous imprisonment along with fine of Rs. 3000/- with default stipulation.

(2.) Filtering out unnecessary details, the prosecution story in brief is that the victim has lodged a report that on 29.06.2010, she has gone for thrashing the Jwar in the field of Krishna Master. At about 06:30 P.M., the accused appellant Raja Babu came and caught her from behind. He dragged her in a drainage, opened the band of her Salwar and raped her. On hue and cry being raised by the victim, her brother Guru Prasad came, who saw the accused committing rape on her sister. When the brother of the victim again raised hue and cry at which the accused fled away. Hence, the first information report was lodged.

(3.) On the basis of this, chik report was scribed by Head Constable Harishchand Mishra, PW-3, which was proved as Exhibit Ka-2. The details of the report were written in the G.D., whose copy was proved by this witness as Exhibit Ka-3.