MONU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal arises out of impugned judgment and order dated 20.1.2017 passed by the Additional Sessions Judge/Special Judge (Essential Commodities Act) Etah, in Sessions Trial No.364 of 2012 (State v. Monu) convicting the accused appellant under Sections 354 and 307 of IPC and sentencing him to undergo two years rigorous imprisonment, with a fine of Rs.5000/-, in default thereof, six months additional sentence and life imprisonment, with a fine of Rs.10000/-, in default thereof, one year additional sentence respectively. However, the accused appellant has been acquitted of the offence under Section 506 of IPC.

(2.) Brief facts of the case are that when victim Anita @ Sunita (PW-2) aged 14 years was returning from the market on her bicycle, on the way, the accused appellant apprehended her and started teasing her. When the victim protested the act of the accused appellant, he took out a knife and caused injury near her breast. Victim was medically examined, vide Ex.Ka.5 by Dr A A Khan (PW-6) who noted the following injury on her body:

(3.) While framing charge, the trial Judge has framed the charge against the accused appellant under Sections 307, 354 and 506 of IPC.