PRAMOD YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Abdul Rafey Siddiqui, learned counsel for the Amicus Curiae appearing on behalf of the appellant and Shri Chandra Sekhar, learned AGA appearing on behalf of the State.

(2.) The present criminal appeal has been filed under Sec. 372(2) of the Criminal Procedure Code, 1973 (here-in-after referred as Cr.P.C.) by the accused-appellant against the impugned judgment and order dated 10.10.2011 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act, Barabanki in Sessions Trial No.839 of 2009 arising out of Case Crime No.111 of 2009 under Sections 376/504/506 I.P.C. read with Sec. 3(1)(12) of SC/ST (Prevention of Atrocities) Act (here-in-after referred as SC/ST Act) and 7 Criminal Law Amendment Act, relating to Police Station-Dewa, District-Barabanki, whereby the accused-appellant has been convicted under Sec. 376 I.P.C. read with Sec. 3(2)(5) SC/ST Act.

(3.) Prosecution case in brief is that the prosecutrix/victim, resident of Rendua Palhari, P.S. Deva, District-Barabanki, on 24.02.2009 at about 7:00 p.m. was returning home from Palhari Chauraha after buying medicine from the dispensary. While she was on the way, the accusedappellant all of sudden came from behind, caught hold her mouth by one hand from behind and by other hand dragged her in the side of canal and forcibly committed rape and thereafter threatened her with the following words:-