DHARMENDRA Vs. STATE OF U P
LAWS(ALL)-2016-9-138
HIGH COURT OF ALLAHABAD
Decided on September 16,2016

DHARMENDRA Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

- (1.) The instant appeal filed on behalf of accused-appellant is directed against the judgment and order dated 20.3.2014 passed by Shri J.K. Tiwari, Additional Sessions Judge, Court No.7, Meerut in S.T. No.331 of 2013 (State Vs. Dharmendra) whereby, the appellant has been convicted under Sections 376, 504, 506, IPC and sentenced to undergo rigorous imprisonment for a period of seven years with fine of Rs.5,000/-, rigorous imprisonment for a period of one year with fine of Rs.1,000/- and rigorous imprisonment for a period of three years with fine of Rs.2,000/- respectively. In default of payment of fine he has been directed to further undergo six months' additional imprisonment. All the sentences have been directed to run concurrently.
(2.) Heard Shri Rakesh Kumar Srivastava, learned counsel for the appellant, Shri Shailendra Awasthi, learned AGA for the State-Respondent and perused the record.
(3.) The facts giving rise to the present appeal may be summarised as under:- That on 20.9.2012 at 4.00 p.m. Ranveer gave a written report at police station Kharkhoda stating therein that on that day at 10.00 a.m. his minor daughter, hereinafter referred as victim, aged about 16 years had gone to the field to bring fodder. Dharmendra, a co-villager finding her alone in the field after showing country made pistol had raped her forcibly. At the alarm raised by her, his son Sumit aged about 14 years, who was taking Buggi to bring fodder from the field, reached there. At that Dharmendra had threatened him to kill him and asked him to remain silent and ran away. His son informed him. He had brought his daughter to lodge the FIR. Prior to that in view of sensitivity of the matter he approached the respectable persons of the village and father of the accused, but none came and father of Dharmendra had abused him and threatened to kill him and his family.;


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