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2016 Supreme(All) 3180

VIJAY LAXMI
Jag Mohan – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant :- Manoj Kumar Dixit,Badrus Sahar, Bhanu Pratap Singh
For the Respondent:- G.A., Mohd. Asif Khan

JUDGMENT

Vijay Laxmi, J.

Heard Shri Bhanu Pratap Singh, learned counsel for the appellant and Shri Mohd. Asif Khan, learned A.G.A. for the State and gone through the evidence on record.

2. The challenge in this appeal is to the judgment rendered by Additional Sessions Judge/FTC-9, Lucknow where the appellant was found guilty of offence punishable under Sections 354 and 376 of the Indian Penal Code, 1860 ( in short 'the IPC').

3. Prosecution version as unfolded during trial is as follows: -

The victim (P.W.-1) had gone in the field for reaping Junahari (grass) at about 2.00 PM on 22.10.2009 where the appellant came in the field, pulled her down and committed rape on her. On her outcry, the complainant, Hari Ram Yadav, the brother of the victim rushed the scene of the occurrence along with Harish Chandra, son of Bhagauti Yadav, of his village and had seen the appellant running away therefrom.

4. Learned Sessions Judge after careful appraisal of the evidence on record found that the appellant had committed the offence of outraging the modesty of women and rape and sentenced him to suffer rigorous imprisonment for a period of 7 years and fine of Rs.2000/- for the offence under Section 3











































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