SHIV MUNI NAI Vs. STATE

JUDGEMENT

(1.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgement and order dated 11.11.2010 passed by Special Judge (SC/ST) Act, court no.3, Dewaria in Sessions Trial No. 43 of 2008 (State Vs. Shiv Muni Nai), arising out of Case Crime No.144 of 2008, Police Station- Kotwali, District- Deoria, whereby appellant- Shiv Muni Nai- has been convicted and sentenced to ten years R.I. coupled with fine Rs.2000/-, in case of default, he was to suffer additional imprisonment for six months- under Section 376 IPC. Likewise, the same sentence was awarded for offence under Sections 3(2)5 SC/ST Act. Both the sentences were directed to run concurrently.

(2.) Heard Sri Abhishek Kumar Srivastava, learned amicus curiae for the appellant- Shiv Muni Nai- and the learned AGA for the State and perused the record of this Jail Appeal.

(3.) Factual matrix, as discernible from record appears to be that a written report was lodged by informant- Moti Chand Harijan S/o Ram Pyare, r/o Sonughat, Police Station- Kotwali, district- Deoria regarding commission of rape committed by the accused on his daughter with allegations, inter alia, that accused took away his daughter Sabeena, aged 4 years, on 16.02.2008 at 5.30 P.M. When she was playing on 'Kharanja' adjacent to his house near her mother Bhagwani Devi. The accused came to his house and took the victim with him on his bicycle and went away towards western side of the village in some pulse field where molested her. After committing the crime, he fled away from the scene leaving behind the victim. She came out of the field when he was sighted by the villagers, whereupon, information was given to him, then he took his daughter to his home. The victim was seeped with blood. The incident was witnessed by villagers, namely, Upendra and Shailendra, besides being seen by others, while Shiv Muni Nai was fleeing away on bicycle. The written report is Exhibit Ka-1.