BACHCHA Vs. STATE OF U P

JUDGEMENT

(1.) THE present appellant faced trial in S. T. No. 205/1996 for having allegedly committed rape on the girl of tender age whose name need not be indicated and she can be described as the victim or prosecutrix. The Special Judge, S. C. / s. T. Act, Hamirpur found the appellant guilty of offences punishable under Sections 376 read with Section 511, I. P. C. and Section 32 (5) of the Scheduled Castes and The scheduled Tribes (Prevention of Atrocities)Act (hereinafter referred to as the S. C. /s. T. Act ). He was sentenced to 10 years r. I. under Section 376/511, I. P. C. and a fine of Rs. 2. 500/- and life imprisonment under section 3 (2) (5) of S. C. /s. T. Act along with fine of Rs. 2,500/ -. All the imprisonments were made to run concurrently.

(2.) THE prosecution version in a nutshell is that on 16-6-1996 at about 4. 00 p. m. the prosecutrix was playing with his brother Jai narain in front of her house. The appellant came there and enticed her away to his house and closed the door. After sometime the cries of the girl were heard by Jai Narain who told this fact to the complainant who along with Bhagwan Das, Khem Chand and pramod reached at the house of the appellant. As the door was closed, they all made entry from the roof and apprehended the appellant red handed committing rape with the prosecutrix. It was 4. 30 p. m. The prosecutrix was all naked and was bleeding through her vagina.

(3.) THE complainant got the report of the incident written from Pancham Singh and gave it at the police station Jalalpur, district Hamirpur, along with the appellant. On the basis of this report chik FIR was written by Constable Agnu Ram on 16-6-1996 at 9-50 p. m. He made the entry of the case at the same time in the relevant G. D.