MEWA LAL Vs. STATE

JUDGEMENT

(1.) Heard Sri Ramesh Chandra Yadav, learned Amicus Curiae for the appellant and Sri B.A. Khan, learned Additional Government Advocate for the State.

(2.) The present jail appeal has been preferred against the judgment and order dated 5.10.2006 passed by the Additional District & Sessions Judge/Fast Tract Court No. 1 Gorakhpur in S.T. No. 270 of 2005, by which the appellant Mewa Lal was convicted under Sections 376 (2) and 376 (2)/511 I.P.C. and was sentenced to life imprisonment and fine of Rs. 25,000.00 for the offence punishable under Sec. 376 (2) I.P.C. and in default of payment of fine, he shall undergo further R.I. for two years. He was sentenced to ten years' R.I. for the offence punishable under Sec. 376 (2)/511 I.P.C. and fine of Rs. 10,000.00, in default of payment of fine, he shall further undergo R.I. for one year. Both the sentences shall run concurrently.

(3.) The fact and circumstances giving rise to this appeal are that the fateful incident took place on 18.2005 at about 10.00 P.M. when the complainant-Israwati was sleeping with her daughter, then aged about six years old. As per the prosecution case, the accused/appellant Mewa Lal took away the daughter/victim of the complainant with him to brick-kiln of one Tiwari and committed rape upon her. As per the complaint, the daughter of the complainant, on returning narrated the incident to the complainant. In other incident, on 20.02005 at about 4.30 A.M., the appellant took away a minor girl Chanmati daughter of Bhoyele Devi w/o Sri Mahendra Mallah and tried to commit rape upon her. She informed the incident to other villagers and on the information of the complainant, villagers started searching the appellant, who was finally caught on 24.2005 at about 10.00 P.M. near Moti Ram Bus Stand. After the accused was caught, an F.I.R. was lodged under Sections 376 and 511 I.P.C. against the appellant at police station Jhanga, District Gorakhpur. The police after recording the F.I.R. sent both the prosecutrixs/victims to the hospital for medical examination. After the completion of the investigation police filed a charge-sheet under Sec. 376 (2) and 511 I.P.C. against the appellant. As he denied the charges, refuted the prosecution story and pleaded innocence, he was put to trial.