STATE OF U.P. Vs. NAUSHAD

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the impugned judgment and order dated 16.03.2007, passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 4505 of 2005, whereby the High Court allowed the appeal filed by the accused-respondent acquitting him for the offence punishable under Section 376 of the Indian Penal Code (in short IPC) by reversing the judgment and order dated 05.10.2005 of the Additional Sessions Judge, Fast Track Courts 1, Muzzaffarnagar in Sessions Trial No. 377 of 2004 which convicted the accused under Section 376 and sentenced him to undergo imprisonment for life and a fine of [pic]10,000/- and in default of payment of fine further imprisonment for a period of one year.

(3.) The brief facts of the case are stated hereunder to examine the correctness of the findings recorded by the High Court in reversing the judgment of the trial court. The accused- Naushad is the son of the maternal uncle of the prosecutrix Shabana's father - who is the informant. The informant complained that Naushad used to visit their house often and enticed his daughter - Shabana and cheated her, promising to marry her and had regular sexual intercourse with her on this pretext. The informant came to know about this when his daughter narrated to her mother how she was raped and she got pregnant. The complainant along with his wife went to complain to the parents of the accused, Irshad and his wife and told them that their son-Naushad raped their daughter-Shabana by giving a false promise of marriage and she has become pregnant. Irshad and his wife accepted their fault and promised to punish Naushad. A Panchayat was held a day before lodging the report when Irshad and his wife offered [pic]10,000/- to [pic]20,000/- to them and said that they will not marry their son with Shabana. The informant alleged that Irshad and his wife even threatened to kill him if any action is taken. On the basis of this information given by Irshad, case crime no. 115 of 2003 was registered at P.S. Kotwali Nagar in Muzaffar Nagar. After investigation, the Investigating Officer arrested Irshad and Naushad. Shabana was sent for medical examination and the report was submitted by Dr. Abha. After the charge sheet was submitted, the case was committed to the Sessions Court. The Sessions Judge framed charge under Section 376, IPC against Irshad and Section 376 read with Section 109, IPC against Naushad and both were further charged under Section 506, IPC. The Sessions Judge held the accused Naushad guilty of the charge under Section 376 and convicted him, sentencing him to imprisonment for life. Being aggrieved by this, the accused filed an appeal before the High Court. The High Court allowed the appeal and held that the prosecution had failed to prove its case beyond reasonable doubt and the order of conviction and sentence of the accused respondent was set aside and he was directed to be released forthwith. Against the reversal of conviction and sentence of the accused by the High Court, the appellant - State has filed the present appeal.