GARBAR YADAV Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal arises out of the judgment and order dated 04.04.2001, passed by the Second (2nd) Additional Sessions Judge, Faizabad, in Sessions Trial No. 433 of 1998, arising out of Case Crime No. 35 of 1990, under Sections 363, 366 and 376 Indian Penal Code, registered at P.S. Kumar Ganj, District Faizabad. The learned Trial Court, vide the impugned judgment and order, has convicted the accused-appellant, under Sections 363, 366 and 376 IPC. The learned Trial Court has sentenced the accused-appellant to undergo rigorous imprisonment for a period of two (2) years along with fine of Rs. 2,000/- under Section 363 IPC, and for non-payment of fine, six (6) months additional rigorous imprisonment. The Accused-Appellant was further sentenced to five (5) years rigorous imprisonment with fine of Rs. 2,000/- under Section 366 IPC, and for non-payment of fine, six months additional rigorous imprisonment. Further, the Accused-Appellant was sentenced to ten (10) years rigorous imprisonment under Section 376 IPC. It was further directed that all the three sentences would run concurrently, except for the sentence for non-payment of fine.

(2.) The prosecution story, as emerges from the record, is that on 05.01990, the complainant, Smt. Jaypata, along with her daughter (prosecutrix) aged around 14 years and unmarried, went to the nearby forest at around 4:00 p.m. to bring straw. When the complainant reached the forest along with her daughter, they met the accused-appellant, Garbar Yadav and accused Makdoon, who were sitting there after cutting wood. The accused Makdoom asked the complainant for help in lifting the wood. When the complainant went to help the accused Makdoom in lifting the chopped wood, the accused-appellant Garbar Yadav caught hold of her daughter and forcibly started taking her away. The complainant, upon seeing this, started running towards Garbar Yadav, to set her daughter free, when another person came from behind and caught hold of her hair, and forcibly made her to lie on the ground. The accused-appellant Garbar Yadav and the third person, tied the hands and legs of the complainant and took away her daughter to a distant place.

(3.) The complainant somehow managed to free herself, and reached her home and narrated the incident to her family members. The family members and the villagers tried to search for the daughter of the complainant, and at around 11:00 p.m., her daughter came back home, and told her family members, with tears in her eyes, that the accused-appellant took her to a field at the bank of the Gomti river and raped her, and asked her to marry him. Thereafter, he brought her to his house, and while he was getting ready to go out of the village with her, she managed to sneak away and somehow reached her home.