DULAREY Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 22.7.1999 passed by Additional Sessions Judge (Ayodhya Prakaran), Lucknow in S.T. No. 962/98 (State Vs. Dularey), under Sections 376 I.P.C., Police Station-Banthara, Lucknow whereby the accused-appellant was found guilty under Section 376 I.PC. and sentenced to 7 years' rigorous imprisonment and a fine of Rs. 100/- with default stipulation.

(2.) The brief facts of the case are that an F.I.R. was lodged by the informant stating that on 3.9.1997 the informant alongwith his family members had gone to work in the field. His sister aged about 18 years, who is slightly mentally challenged was at home with small children. At about 1 O'clock in the day time the accused Ram Dularey entered the house of the informant and slapped the victim on her face and started indecent behaviour. When the informant entered the house, the accused-appellant fled away from the house. He was chased, but could not be apprehended. The neighbour and other persons have witnessed the occurrence.

(3.) On the basis of this written report, chik report was scribed and investigation was entrusted. The investigation ended into a charge-sheet.