KALLU SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajiv Misra holding brief of Ms. Soniya Mishra, learned counsel for the appellant and Sri Diwakar Singh, learned AGA.

(2.) Instant appeal has arisen against the judgment and order dated 27.6.2012 passed by learned Special Judge, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Unnao in Sessions Trial No. 628 of 2006 arising out of Case Crime No. 364 of 2006, under Sections 376, 506 IPC and Section 3(2) (v) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Police Station Safipur, District Unnao whereby accused-appellant Kallu Singh was convicted under Section 376 IPC read with Section 3(2)(v) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, and sentenced to imprisonment for life and fine of Rs. 25,000/-, under Section 506 IPC to rigorous imprisonment for three years and fine of Rs. 2500/- with default stipulation of additional imprisonment for three years and six months' respectively. Both the sentences were directed to run concurrently.

(3.) According to the prosecution version, a first information report was lodged by Manohar Lal Raidas father of the victim on 26.8.2006 at 12.10 AM at Police Station Safipur, District-Unnao stating that he is cultivating the field of Sri Krishan on lease on crop sharing basis. Crop of Maize was sown. On 23.8.2006 at about 9.00 AM when the victim aged about 14 years was sitting on the 'Machan' in the field, accused-Kallu came and asked the victim to get down and pushed her down by catching her leg. He took her to nearby sugarcane field and committed rape upon her. He threatened that if she will narrate the incident to anyone he would kill his family members. Accused ran away from the scene of incident. Victim came her house and narrated the story to her father. Complainant, Manohar Lal Raidas, father of the complainant, went in the field but the accused ran away after seeing them. First information report was lodged on 26.8.2006 under Sections 376, 506 IPC and Section 3(2)(v) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. Investigation was handed over to investigating officer. Victim was medically examined on 26.8.2006 at S.D.W. Hospital, Unnao. Vaginal smear was taken for further examination. Site plan was prepared. Statements of victim and witnesses were recorded. Victim was sent for X-ray for assessment of her age which was reported to be 12 years on the basis of X-ray. After concluding investigation, charge-sheet was submitted against the accused.