RAJIV Vs. STATE OF U.P.

JUDGEMENT

(1.) By way of this appeal, the appellant- Rajiv @ Paji has challenged the Judgment and order dtd. 6/5/2013 passed by court of Additional Sessions Judge, Court No.4, Saharanpur in Session Trial No.78 of 2013 arising out of Case Crime No.341 of 2012, under Section 376 Indian Penal Code, Police Station- Rampur Maniharan, District Saharanpur whereby the accused-appellant was convicted under Section 376 IPC and sentenced to imprisonment for life with fine of Rs. 20,000.00 and in case of default of payment of fine, to undergo further imprisonment for six months.

(2.) The brief facts as per prosecution case are that on 14/10/2012, a written report was submitted by Naseem stating therein that today in the morning his seven years old daughter (victim) was playing with neighbour Ramesh's children. At about 1:00 p.m. Rajiv @ Paji, son of Ramesh, took her daughter to his house and tried to commit rape with her. A case crime No.341 of 2012 was registered at Police Station Rampur Maniharan under Section 376 IPC read with Section 511 IPC.

(3.) S.I.-Dheeraj Singh tookup the investigation, visited the spot, prepared site plan, recorded statements of the prosecutrix and witnesses. Medical examination of prosecutrix was conducted by the doctor.