RAJ KUMAR KAHAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Nitin Sharma, learned counsel for the appellant, Sri Saghir Ahmad, assisted by Sri J.K. Upadhyay and Sri Virendra Pratap Singh, learned A.G.As for the State/respondent and perused the record.

(2.) This criminal appeal has been filed by the appellant Raj Kumar Kahar challenging the legality and validity of the impugned judgment and order dated 31.08.2013, passed by Additional Sessions Judge, Court No.1, Gorakhpur, in S.T. No. 77 of 2009 (State Vs. Raj Kumar Kahar), arising out of Case Crime No. 1097 of 2008, by which the appellant has been convicted and sentenced to imprisonment for life under Section 376 IPC and a fine of Rs.10,000/- and in default of payment of fine, three years additional rigorous imprisonment.

(3.) Briefly stated the facts of the case are that P.W.1 informant Shatrughan Nishad gave a written complaint at P.S.- Belipar, District- Gorakhpur on 16.09.2008 alleging therein that he is a resident of village Ekla Bazar, P.S.- Belipar, District- Gorakhpur and on 16.09.2008 at about 8:30 p.m. while appellant, Raj Kumar Kahar, son of Dholai, who is the resident of the same village as the informant, had come to his house to watch television at about 8:30 p.m. He took away his three years old daughter, Km. Saraswati to a nearby field and after committing rape on her, he fled away leaving her in the house. His daughter Km. Saraswati narrated the entire incident to his mother. On coming to know about the occurrence, a large number of villagers had gathered and beat the appellant Raj Kumar Kahar, inflicting multiple injuries on him and thereafter, he was taken to the hospital.