CHHOTE KACHHI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ashutosh Yadav, learned Amicus Curiae for the appellant; Sri Pawan Srivastava, learned AGA for the State and perused the material on record.

(2.) The above-noted criminal appeal has been preferred by the appellant against the judgment and order dtd. 5/5/2005 passed by Additional Sessions Judge, Court No.1, Hamirpur in Sessions Trial No.111 of 2002, State Vs. Chhote Kachhi, convicting and sentencing the appellant under Ss. 376, 302 IPC to undergo life imprisonment and fine of Rs.1000.00. In default of the payment of fine, the appellant shall go additional imprisonment for three months.

(3.) As per the prosecution story, on 21/5/2 at 11:00 pm, in an open room near the rented house of Gayatri Devi W/o Shambhu Singh located at Mohalla Nai Basti, Gurguj Kasba, PS- Sumerpur, district- Hamirpur, the accused Chhote Kaachhi had sexual intercourse with Kajal D/o Smt, Gayatri Devi, age about 5 years, due to which she died. At that very moment while the accused was committing the rape, Smt. Gayatri Devi, who had gone out on an errand, returned. She lit a matchstick and observed Chhote Kaachhi engaging in sexual intercourse with Kajal. Upon witnessing this, she raised an alarm, called out to her neighbour Chhote Chamar, and attempted to apprehend the accused; however, the accused, Chhote Kaachhi, escaped through the room's window which lacked protective grills.