SONU KUSHWAHA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Noor Muhammad, learned counsel for the appellant, Sri Ravi Prakash Pandey, learned A.G.A. and Sri J.B. Singh, learned A.G.A-I for the State and perused the record.

(2.) Challenge in this criminal appeal is the judgment and order dtd. 24/8/2018 passed by VIIIth Additional Sessions Judge/Special Judge, PO.C.S.O Act, Jhansi in Special Sessions Trial No. 134 of 2016 (State v. Sonu Kushwaha), arising out of Case Crime No. 167 of 2016, under Sec. 377, 506 I.P.C. and Sec. 6 of PO.C.S.O Act, Police Station Chirgaon, District Jhansi, whereby the learned VIIIth Additional Sessions Judge/Special Judge, PO.C.S.O Act, Jhansi has convicted and sentenced the appellant, under Sec. 377 I.P.C. with rigorous imprisonment for seven years and to pay fine of Rs.2000.00 and in default of payment of fine, three months additional imprisonment; under Sec. 506 I.P.C. one year rigorous imprisonment and fine of Rs.1,000.00 and in default of payment of fine, one month additional imprisonment and under Sec. 6 of PO.C.S.O. Act ten years rigorous impairment and fineof Rs.5,000.00 and in default of paymen of fine, three months additional imprisonment. All sentences have been ordered to run concurrently.

(3.) Tersely put, the case of the prosecution is that the complainant Sri Dev Singh lodged an F.I.R. against the appellant Sonu Kushwaha on 26/3/2016 at Chirgaon, District Jhansi stating therein that on 22/3/2016, at about 05:00 hours in the evening, appellant Sonu Kushwaha came to complainant's house and took his son aged about 10 years in the temple at Hardaul. There appellant gave Rs.20.00 to complainant's son i.e. victim and said to suck his penis. Appellant Sonu Kushwaha put his penis into the mouth of the victim. Thereafter, victim came to the house having that Rs.20..00 At this, complainant's nephew Santosh asked to victim that from where he got Rs.20,.00 then victim told the entire happening occurred with him. Appellant also threatened the victim not to disclose about the incident to anybody.