CHHANGU PASSI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri K. K. Mishra for the appellant and Sri Pankaj Saxena AGA- 1st, for State of U.P.

(2.) Chhangu Passi, (the appellant) has filed the present appeal from his conviction and sentence passed by Additional Sessions Judge, Court No. 2 , Kaushambi dated 4.3.2009 in S.T. No. 71 of 2004, arising out of Case Crime No. 25 of 2004, under Section 376 IPC, P.S. Pipari, Distt. Kaushambi convicting him under Section 376 IPC and awarding sentence of imprisonment for life with fine of Rs. 10,000/- and in default stipulation three months additional sentence.

(3.) On the written complaint (Ex-Ka-1) of Rampat Passi (PW-2), FIR (Ex- Ka-9) of Case Crime No. 25 of 2004 was registered under Section 376 IPC at P.S. Pipari, distt. Kaushambi on 20.2.2004 at 20:35 hours against the appellant Chhangu Paassi. It has been stated by the first informant that he was resident of Rasoolpur Buer, P.S. Pipari, Distt. Kaushambi. In the morning of the incident, he along with his elder brother Srinath went to dig the foundation of Lalau , resident of his village. His wife Smt. Kushalta went for taking fodder along with Janki daughter of Srinath. At about 4:30 PM Chhangu Passi son of Daulat resident of his village came to his house and tell his daughter Km. Seema aged about 8 years that your mummy was calling to you. On his asking his daughter Km. Seema went along with Chhangu Passi. Thereafter Chhangu Passi took his daughter in the arhar field of Ram Sajiwan lying in the north side of his village and committed rape with her. Due to which his daughter had become unconscious. Thereafter Chhangu Passi ran away from the spot leaving his daughter in unconscious position on the spot. After some time, when children of the village found his daughter lying in unconscious position in arhar field then they informed his sister in law at her house on which his sister in law brought his daughter Seema in her lap , in unconscious position. When his daughter regained consciousness then on asking she stated that Chhangu Passi had committed rape with her.