SHEETAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The present criminal appeal under Section 374 (2) of Cr.P.C. has been filed against the judgement and order dated 04.05.2016 passed by Special Judge (POCSO)/Additional Sessions Judge, Etawah in Sessions Trial/Special Case No. 26 of 2014 (State Vs. Sheetal) convicting the appellant Sheetal to ten year rigorous imprisonment under Section 376 (2) (Jha) I.P.C. with fine of Rs. 10,000/- Further, accused-appellant Sheetal has been convicted under Section 506 I.P.C and sentenced to two years imprisonment. Accused-appellant also convicted under Section 4 POCSO Act and sentenced to seven years imprisonment with fine of Rs. 5,000/-.

(2.) In brief the prosecution case is as follows:- On 25.06.2021, the victim/prosecutrix aged about 5 years, was playing outside of her house, at about 09:30 am accused induced her and committed rape on her in the field of Kushal Pal. The victim has reported the incident to one Man Singh. Man Singh and Robbin brought the victim to her house, where she narrated everything to her parents. Blood was also found on the underwear of the victim.

(3.) The matter was reported to the police and on the basis of written complaint of the informant Baburam (PW2), F.I.R. on 25.06.2014 at about 10:30 am was registered.