KAMLESH Vs. STATE OF U.P.
LAWS(ALL)-2022-8-101
HIGH COURT OF ALLAHABAD
Decided on August 02,2022

KAMLESH Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

DEEPAK VERMA,J. - (1.)The present criminal appeal has been preferred against the judgment and order dtd. 29/6/2013 passed by learned Additional Sessions Judge, Court no. 2, Shahjahanpur in S.T. No. 705 of 1999 arising out of Case Crime No.21 of 1994 convicting and sentencing the appellant under sec. 376 I.P.C. to undergo ten years rigorous imprisonment with fine of Rs.5,000.00, in case of default in payment of fine, the appellant to undergo further six months additional imprisonment; convicting and sentencing the appellant also under sec. 3 (2) (v) The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short S.C. S.T. Act) to undergo life imprisonment and fine of Rs.5,000.00, in default of payment of fine, the appellant to undergo further six months additional imprisonment; also convicting and sentencing the appellant under sec. 323 I.P.C to undergo six months imprisonment; convicting and sentencing also the appellant under Sec. 506 I.P.C. to undergo further three years of rigorous imprisonment with fine of Rs.1000.00, in case of default in payment of fine, the appellant to undergo further three months additional imprisonment. All the sentences to run concurrently.
(2.)Prosecution story in brief is that the informant, Laxmi Devi (mother of the victim) lodged the first information report on 7/2/1994 at 18:15 pm. against the appellant alleging that informant is Jatav by caste. On 3/2/1994 at 5 p.m. when her daughter, (victim), aged about 14 years went to ease herself in toor (arhar dal) field of Pyarelal, the appellant Kamlesh @ Gabbar Singh of the same village arrived there; grabbed her daughter and committed rape upon her by stuffing cloth in her mouth. The informant followed her daughter in the field and rushed on the spot. The informant took her daughter out from the clutches of appellant. On her protest, the appellant assaulted the informant by fist and kick and butt of Tamancha and threatened her that if she made a complaint to anyone, the appellant would not leave her alive. On raising the alarm, Vijay Pal, mason and all the nearby villagers reached at the place of incident and saved her daughter. The husband of the informant was not at home. Moreover due to fear of the accused, she could not lodge the report in time.
(3.)On the basis of written information, F.I.R. was registered against the appellant as Case Crime No. 21 of 1994, under Ss. 376, 323, 506 I.P.C. and 3(2) 5 S.C.S.T. Act. The investigating officer, after conducting investigation submitted charge sheet against the appellant.


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