RAJVEER PAL Vs. STATE OF U P

JUDGEMENT

(1.) This Criminal Appeal has been filed against a judgement and order dated 20.3.2014 passed by the learned Additional Sessions Judge, Court No. 2, Shahjahanpur in ST No. 188 of 2012 arising out of Case Crime No. 25 of 2012, under sections 376 IPC and 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, (herein after referred to as "SC and ST Act"), police station Khudaganj, district Shahjahanpur. By the impugned judgement and order the learned Additional Sessions Judge has convicted and sentenced the appellant to ten years RI and a fine of Rs. 10,000/- and in default of payment of fine, the appellant was further directed to undergo one years further rigorous imprisonment.

(2.) However, by the same judgement and order, the learned Additional Sessions Judge has acquitted the accused-appellant for the offence punishable under Section 3(2)(v) of SC and ST Act.

(3.) The brief facts giving rise to the present appeal are that a written report was handed over by the complainant Rajpal, Ext. Ka-1 at the police station Khudaganj, district Shahjahanpur to the effect that he is Jatav by caste, whereas the accused is Gaderiya by caste. He works at the brick kiln of Sarvesh Singh. His wife Sunita was at Home. The house of Lala Ram is situated in front of his house. The Barat of Lala Ram' son returned. The relative of Lala Ram namely Rajveer Pal also came to the house of Lala Ram. The daughter of the complainant aged about 7 years was playing outside his house. When the complainant returned from the brick kiln and when he did not see his daughter, then on enquiry, his wife told him that she is playing outside. When he was searching his daughter, he was told by the co-villager Nanhey that his daughter was taken away by Rajveer, relative of Lala towards Jungle. Thereafter complainant along with Ram Sagar, Prem Bahar, Shyam Bihari and others went to Jungle in search of the victim. When the complainant and others reached to the field of Ram Karan, they saw that Rajveer after getting the victim laid on the field and stuffing her mouth, he was committing rape with her. When the complainant and other challenged him, he tried to run away, but he was apprehended by the complainant and others. The blood was oozing from the vagina of the victim. The clothes of the accused-appellant was also stains with blood. The accused-appellant was brought to the police station with the assistance of the villager. It is further mentioned in the report that necessary action may be taken against the accused after lodging the report of the complainant.