Criminal case – OmPrakash & Ors. Vs. State of UP

Case Name – OmPrakash & Ors. Vs. State of UP.

Citation no: 629 of 2006(Criminal) Appeal

Bench:

  1. Pasayat
  2. H.Kapadiya

 

Introduction:

This case deals with One of the steeping stones in securing Justice in cases of heinous crimes like Rape towards women in India Sec 375, 376.

 

 

Facts of the case:

  1. The husband of the victim was arrested and brought before for challan proceedings. The accused was a far of relative of victim’s parents and had come to the court. The accused came along with the victim to the court. In the meantime when the proceeding was On, the accused pulled the victim who was six months pregnant on the Veranda of Zila Parishad and tried to rape her.
  2. She shouted and the accused was assaulted and taken to police station and FIR was lodged.
  3. The Trial Court and the High Court convicted him for a sentence of 10 years under sec376 (2) for raping a pregnant women.
  4. The accused alleged that such an action was due to enmity. He had come from village along with the brother of the victim. He had taken some money for purpose and when the challan came there was a quarrel for the refund of the money between him and the father of the victim. They assaulted him and made a Criminal Case.

 

Issues:

The only issue in the case was weather the conviction under sec376 (2) was Valid or not?

 

 

 

Judgement:

  1. In the Appeal before High Court it was submitted that the FIR was lodged immediately and it was clearly established that the offence was committed and the appeal was dismissed.
  2. However taking into consideration the circumstantial evidences and the testimony of the prosecution, the punishment was reduced from 10 to 7 years.

 

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