YOGENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Shivam Yadav and Shri Akhilesh Singh, learned counsels for the appellant and Shri S.S. Tripathi, learned A.G.A. for the State.

(2.) This criminal appeal is directed against the judgement and order dated 20.3.2004 passed by Special Judge (S.C./S.T. ) Jalaun at Orai, in S.T. No. 217 of 1996 (State Vs. Yogendra Singh) under sections 354,306 I.P.C. and section 3(1) (10) of S.C./S.T. Act convicting the appellant for the offence under section 354 I.P.C. by rigorous imprisonment for six months and under section 306 I.P.C. by rigorous imprisonment of three years with fine of Rs. 2,000/-.In default of payment of fine, appellant to undergo three months further rigorous imprisonment. Both the sentences are to run concurrently.

(3.) The prosecution case in brief is that the appellant resides in vicinity of house of the informant. He had affair with his minor daughter, Km. Kusum, aged about sixteen years, for which he had scolded her many times. On 24.7.1993 at 2 P.M. his daughter had gone to the place in house where goats were tied. From the roof the appellant jumped inside the place and caught hold of his daughter. On suspicion informant and his wife, Badi Bahu @ Beena went to the place and saw that the appellant was holding Km. Kusum with wrong intentions. They caught the appellant on the spot, who abused them and threatened them that they should leave him otherwise he will kill them. The First Information Report regarding the aforesaid incident was lodged on 24.7.1993 at 12.45 P.M. under sections 354, 504, 506, 306 I.P.C. and section 3(1) (10) of S.C./S.T. Act. On the same day at 4.15.P.M. the informant gave another application before the police station that his daughter, Km. Kusum, has poured kerosene oil over herself and put herself on fire due to shame caused by holding of her hands by the appellant.