PAWAN LODH Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed against a judgement and order dated 21.6.2014 passed by the Additional Sessions Judge, Court No. 2, Kaushambi in ST No. 92 of 2008 arising out of case crime No. 306 of 2007. By the impugned order the learned Additional Sessions Judge has convicted and sentenced the appellant Pawan Lodh to ten years rigorous imprisonment and a fine of Rs. 20,000/- under section 376 IPC and in default of payment of fine, the appellant was further directed to undergo two years' rigorous imprisonment.

(2.) However, by the same order, the learned Additional Sessions Judge has acquitted the appellant under section 3(2) 5 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act .

(3.) The brief facts giving rise to the present appeal are that a written report was handed over by the complainant Sunder Lal on 24.12.2009 at 00.30 AM at the police station Paschim Sharira, district Kaushambi to the effect that the complainant is the resident of village Badi Atauli, police station Paschim Sharira. On 22.12.2009 at 7.00 PM, when her daughter (name withheld) aged about 13 years had gone to attend the call of nature, Pawan Lodh, who was lying in ambush in Arhar field of Shiv Singh Thakur, took away the victim forcibly and committed rape on her. The information about the said incident was given to him by his brother on telephone at Allahabad. On 23.122009 he came from Allahabad and has come to the police station to lodge the first information report.