BHAO PRAKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record of this appeal.

(2.) By way of instant criminal appeal, challenge has been made to the judgment and order of conviction dtd. 5/8/2010 passed by Additional Sessions Judge, Court No.5, Bareilly, in Session Trial No.174 of 2008, State Vs. Bhao Prakash, arising out of Case Crime No.964 of 2007, under Sec. 376 I.P.C., Police Station Nawabganj, District Bareilly whereby the appellant has been sentenced to imprisonment for life coupled with fine Rs.1,00,000.00 with default stipulation to suffer additional imprisonment for one year.

(3.) Facts as incarnated refers to the context that the first information report was lodged by one Veerwati (mother of the victim) and (wife of the accused-appellant), resident of Bahor Nagla, Police Station Nawabganj, District Bareilly against the accused-appellant on 14/9/2007 at 2:25 p.m. regarding the incident of rape having been committed by the accused-appellant who is none other than father of the victim wherein it was described that on 3/8/2007 around 11:00 p.m. up to 12:00 in the midnight, the accused-appellant came to the house in drunken condition and took away forcibly his daughter in his room who was sleeping with her grand-mother Durga Devi, and committed rape upon her. The incident was witnessed apart from the informant by the grand-mother Durga Devi. It so happened that the accused-appellant (husband of the informant) did not let her go to the police station for lodging the first information report instead beat the informant and ousted from his house in the following morning due to which the informant along with her children began to reside at her parental home at Mudiya Gagroop, Police Station Bhuta, District Bareilly and she did not whisper about the incident to anyone on account of public disrepute but she has been compelled by circumstances to lodge the first information report against the accused-appellant at this stage, which was scribed by Harish Kumar son of Lal Ram. This written report is Ext. Ka-1.