RADHEY Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Nadeem Murtaza, learned counsel for the accused-appellant and learned Additional Government Advocate on appeal.

(2.) Present criminal appeal under Section 374 Cr.P.C. read with section 389 Cr.P.C. has been preferred by accused-appellant/ Radhey @ Radhey Shyam against the impugned judgment and order dated 31.8.2016 passed by Additional Session Judge, Court no.2 , Kheri in Session Trial No. 123 of 2014 ( State Vs. Radhey @ Radhey Shyam) arising from case crime no.195 of 2013, under Sections 376, 323,506(2) I.P.C. & 3(2) 5 S.C./S.T. Act & 3 (1) 12 S.C./S.T. Act registered at police station Kheri, District Kheri, convicting and sentencing the above named appellant rigorous imprisonment one year for under section 323 I.P.C. and fine of Rs. 1000/- and in default of payment of fine to undergo 10 days rigorous imprisonment and three years rigorous imprisonment for under section 506 (2) and fine Rs. 3000/- and in default of payment of fine to undergo one month. rigorous imprisonment and for life imprisonment for under section 376 I.P.C. & 3 (2) 5 S.C. /S.T. Act and a fine of Rs. 26000/- and in default of payment of fine to undergo six month. rigorous imprisonment. All sentence shall run concurrently .

(3.) The prosecution story, in brief, is that on 5.3.2013 victim/ Kumari Guddi Devi has filed a written complainant before Station Officer, Kheri requesting therein that she belongs to scheduled caste (Dhobi) and on 4.3.2013 at about 2.30 p.m. when she alongwith her younger sister Km Reshma went for natural call in the sugarcane field of Purushottam , suddenly the accused-appellant/ Radhey alias Radhey Shyam son of Chandra Shekhar came there alongwith two other persons , who covered the victim with ''Chadar' and accused-appellant / Radhey alias Radhyey Shyam committed rape on her.