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2005 Supreme(All) 2045

UMESHWAR PANDEY
UDAI BAHADUR – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
Pankaj Shukla

UMESHWAR PANDEY, J.

( 1 ) IN this appeal, the judgment and order dated 14. 3. 2000 passed by the Special Judge (S. C. /s. T. Act) Basti, is under challenge.

( 2 ) THE appellant Udai Bahadur was charged and tried for the offences punishable under Sections 376 I. P. C. , 3 (i) (xii)and 3 (2) (v) S. C. and ST. (Prevention of atrocities) Act, on the allegation that the prosecutrix, a minor girl about 11 years of age when had gone to see her mother working in the field at about 11. 00 a. m. on 12. 11. 1996, she met the appellant. It was near the field of one Manohar that the accused caught hold of the minor girl and forcibly took her inside the standing sugarcane field and raped her. On the cries and shrieks of Km. Puneeta, Smt. Samundara Devi (P. W. 1) reached there and she also started raising alarm. This hue and cry so raised on the spot attracted other witnesses also there. On having seen the witnesses reaching the spot, the appellant tried to run away from there but he was immediately arrested after a little chase. The prosecutrix, Km. Puneeta was in precarious condition on account of the injuries sustained in the process. She was immediately taken to the hospital for treatment by
























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