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2016 Supreme(All) 414

RANJANA PANDYA
RAMESH PRASAD YADAV – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Dinesh Pathak, Akhilesh Kumar Dwivedi, Rakesh Pathak and S.D. Singh Jadaun for the Appellant; A.G.A. for the Opposite Party.
.

JUDGMENT :

Hon'ble Mrs. Ranjana Pandya,J.

1. Challenge in this appeal is to the judgment and order dated 23.04.2012, passed by Sessions Judge, Chitrakoot, in Sessions Trial No. 08 of 2010 (State vs. Ramesh Prasad Yadav), registered as Case Crime No. 1112 of 2009, under Section 376 I.P.C., Police Station Pahadi, District Chitrakoot, whereby the accused was found guilty under Section 376 I.P.C. and was convicted and sentenced to seven years rigorous imprisonment along with fine of Rs. 10,000/- with default stipulation.

2. Filtering out unnecessary details, the prosecution case is that on 11.11.2009, the victim aged about 17 years at 07:00 P.M. was returning home after attending the call of nature. Suddenly his neighbour Ramesh Prasad Yadav dragged her into the fields and raped her. When the victim tried to raise alarm, her mouth was pressed. When shrieks were heard, the informant proceeded to the spot who saw the accused raping the victim. On seeing the informant, the accused fled away. The accused was tried to chased by the informant but could not be apprehended but he was identified in the flash of the torch light, hence the application was lodged.

3. The investigation of the matte
























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