BHURDUL @ GUDDU Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Dheeraj Srivastava, learned counsel and amicus curiae for the appellant and Sri S.A.M. Zaidi, learned AGA for the State and perused the record.

(2.) The instant jail appeal has been preferred at the instance of the appellant Bhurdul @ Guddu from jail through Senior Superintendent, District Jail, Faizabad vide letter dated 18th January, 2012 against judgment and order of conviction dated 23.12.2011 passed by Additional Sessions Judge, court no.2, Faizabad in S.T. No.145 of 2010, State of U.P. Versus Vs. Bhurdul @ Guddu, under Sections 376, 377, 506 IPC arising out of Case Crime No.857 of 2008, P.S. Gosaiganj, District Faizabad, whereby the appellant has been convicted and sentenced to undergo ten years rigorous imprisonment with a fine of Rs.10,000/- under Section 377 IPC, in case of default, the appellant will have to suffer one year additional rigorous imprisonment and five years rigorous imprisonment under Section 504 (II) IPC. All the sentences shall run concurrently.

(3.) Factual matrix of the case, as discernible from the record appears to be; that the first informant Smt. Itwari wife of Buddhiram Vishkarma, resident of village Sherwa (Sujanpur), Police Station Gosaiganj, District Faizabad moved a written report dated 01.11.2008 addressed to Senior Superintendent of Police, Faizabad, for lodging of the first information stating therein that Bhurdul @ Guddu son of Chhangur Singh, resident of the same village, along with one person took away her daughter (victim) aged about 7 years in the night of 26.10.2008, outside of the village towards southern side bamboo-groove and committed gang rape on her. They also threatened her daughter that in case, she told about the incident to any person, she will be killed. The victim came back home and in the morning when first informant saw blood stained clothes of her daughter, then she enquired from her, whereupon, she told that Bhurdul @ Guddu had taken her away to bamboo-groove where he committed rape on her. When she tried to raise alarm, her mouth was gagged by the appellant and he threatened her not to tell anyone about the incident otherwise she will be killed.