MANWAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Bimla Prasad, learned Amicus Curiae for the appellant Manwar and Sri Rajeev Gupta, learned AGA for the State.

(2.) This appeal is directed against the judgement and order dated 07.02012 passed by VIth Additional District and Sessions Judge, Gautam Budh Nagar in S.T. No. 615 of 2010, State Vs. Manwar u/s 376, 506 I.P.C. (Case Crime No.334 of 2010), P.S.- Phase-II, District- Gautam Budh Nagar by which the appellant has been convicted and sentenced to 12 years rigorous imprisonment and a fine of Rs. 10,000.00 and in default of payment of fine, six months additional simple imprisonment u/s 376(2) (f) I.P.C. and one year rigorous imprisonment and a fine of Rs. 1,000.00 and in default of payment of fine 15 days additional simple imprisonment u/s 506(2) I.P.C.

(3.) Briefly stated, the facts of this case are that P.W.2 informant Shahnaz gave a written report (Ext.Ka.1) at P.S.- Phase-II, District- Gautam Budh Nagar, on 07.06.2010 at 1530 hours, alleging therein that she was residing along with her husband P.W.4 Shamshad in a rented accommodation belonging to one Suresh Tyagi in village Bhangel. Her husband was working as a tailor in Phase-II, Noida. She had three children of whom her 8 year-old daughter Aysha was residing with her. On the date of the incident at about 12 noon while the informant was engaged in performing the daily chores and Aysha was playing in the house, accused-appellant Manwar, son of Valval who was also residing as a tenant in a different portion of the same house, forcibly took her daughter Aysha to his room and committed rape on her. When her daughter started screaming on account of pain suffered by her, she reached to the room of accused-appellant Manwar and saw that accused appellant Manwar was holding her daughter Aysha and blood was oozing out from her private part. She somehow managed to save her daughter from the clutches of accused-appellant Manwar. The incident was witnessed by several other tenants. Threatening the informant with dire consequences, in case she attempted to lodge any report of the occurrence, the accused-appellant made good his escape from the place of incident. On the basis of the written report (Ext.Ka.1), Case Crime No.334 of 2010 u/s 376, 506 I.P.C. was registered against the accused-appellant Manwar at P.S.- Phase-II, District- Gautam Budh Nagar. Check F.I.R. and necessary G.D. Entry vide rapat no.36 at 1530 hours dated 07.06.2010 were prepared by P.W.7 Constable Jai Pal Singh copies whereof were brought on record and marked as (Ext.Ka.6) and (Ext.Ka.8).