MUNNU SONKAR Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgement and order dated 29.11.2014 passed by Additional Session Judge, Court No. 1, Varanasi in Sessions Trial No. 22 of 2011 (State Vs. Munnu Sonkar) convicting and sentencing the accused-appellant for the offence under Section 376 I.P.C. to 10 years rigorous imprisonment with fine of Rs. 20,000/- and in the event of default of payment of fine he has to undergo additional rigorous imprisonment of two months. Further, he has been convicted for the offence under Section 342 I.P.C. and sentenced to one year rigorous imprisonment. It was further directed that from the total deposit of fine, Rs. 15,000/- shall be paid to the victim. The sentences have been directed to run concurrently.

(2.) I have heard learned counsel for the appellant as well as Sri Arun Kumar Soni, Advocate holding brief of Sri Ramesh Chandra Maurya, learned counsel for the complainant and learned A.G.A. for the State.

(3.) Prosecution story in brief is that complainant Surender Maurya lodged First Information Report on 10.10.2010 at about 21.30 p.m. stating therein that his daughter aged about 13 years was called by the accused-appellant on the same day at about 8.00 p.m. She was taken in a Baithaka of Munakka Pradhan. The son of the complainant namely Basant Maurya was kept and closed in a room and daughter of the complainant was kept and closed in another adjacent room. Accused-appellant unclothed his daughter and committed rape. His daughter raised alarm and on hearing the voice of his daughter the wife of complainant namely Sudama alongwith nearby villagers reached at the spot. Thereafter, accused-appellant on seeing them fled away from the spot.