MANAN SHEIKH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Additional Sessions Judge dated 13th December, 1990, whereby he had convicted the appellant under Section 376/366 and sentenced him to seven years rigorous imprisonment and directed him to pay a fine of Rs.500/- and in default of payment of fine to undergo further imprisonment of two months under section 376 Indian Penal Code. The appellant was further convicted .and sentenced-under section 366 to. rigorous imprisonment of four years and a fine of Rs.500/- or in default of payment of fine further rigorous imprisonment for two months.

(2.) Brief facts necessary to dispose of this appeal are recapitulated as under:

(3.) Mufraja Public Witness 2, the mother of the prosecutrix lodged a First Information Report in which it is stated that on 22nd July, 1989 when she returned home after cleaning utensiles in nearby bungalows, her daughter Prosecutrix told her that some neighbours have brought VCR and TV on rent and she would also like to see a picture on VCR. First the mother declined the request of her daughter thereafter, the appellant who was staying in a nearby jhuggi came to the jhuggi of the prosecutrix around 9:30 p.m. and asked prosecutrix to accompany him to see a movie on the VCR, thereafter prosecutrix had gone to watch a movie on the VCR alongwith the appellant.