GAJ RAJ Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal is directed against the impugned judgment and order dated 24.02.2003 passed by Ist Additional Sessions Judge, Faizabad in Sessions Trial No.404 of 1995 arising out of Case Crime No.93 of 1994 under Sections 376 and 323 I.P.C., Police Station Zaitpur, District Faizabad now Ambedkar Nagar.

(2.) Learned Trial Court had convicted the accused-appellant under Section 376 IPC and sentenced him to undergo 7 years rigorous imprisonment with fine of Rs.5,000/- and in the event of non payment of fine, 2 years additional imprisonment. He was further convicted under Section 323 IPC and sentenced to undergo one year rigorous imprisonment. It was directed that both sentences would run concurrently.

(3.) The prosecution story in brief is that the complainant had a shop for repairing bicycles. The accused-appellant had got his bicycle repaired from the complainant. The complainant's wife on 04.07.1994 went to the house of the accused-appellant and ask for payment for bicycle repair. The accused-appellant told the complainant's wife that he would give the payment for bicycle repair in the evening. It was said that on the same day, the complainant went to attend an invitation and at 05:30 P.M. his daughter aged about 22 years went to the house of the accused-appellant to demand the money for bicycle repair. At that time the accused-appellant and his daughter were present at the house. The accused-appellant's took the daughter of the complainant (prosecutrix) inside the house. The prosecutrix went inside the house daughter of the accused-appellant closed the door from outside. The prosecutrix questioned the daughter of the accused-appellant why she had closed the door from outside. The accused-appellant attempted to rape the prosecutrix but she resisted. After sometime she fell on the floor and the accused-appellant put his foot on her neck and threatened to kill her. The prosecutrix got terrified and under fear the accused-appellant committed rape on the prosecutrix. After the door got opened, the prosecutrix came out crying from the house of the accused-appellant and went to her home. On the way she met Shekhawat Ali and when he asked the reason of her crying, she informed him about the incident. At that time, many people of the village got collected and heard the incident. Thereafter, the prosecutrix narrated the entire incident to her mother. The complainant came back to his village on 05.07.1994 at 8:00 P.M. and then his wife told him about the incident.