GAUTAM Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal has been preferred by appellant against the judgement and order dated 30.8.2017 passed by Additional Sessions Judge (Fast Track Court), Court No. 2, Bulandshahar in Sessions Trial No. 704 of 2012 (State Vs. Gautam) in Case Crime No. 306 of 2012, under section 376 I.P.C., Police Station Kotwali Dehat, District Bulandshahar by which appellant was convicted under section 376 I.P.C. and awarded 10 years rigorous imprisonment and Rs. 10,000/- fine in case default of payment of fine he will have to undergo additional imprisonment for three months.

(2.) As per version of first informant report, father of victim namely, Bhumesh, has lodged an F.I.R. against the appellant namely, Gautam, with allegation that on 25.5.2012 at about 2.30 p.m. when his daughter namely, Shivani, aged about 7 years, was playing near the hand-pump then at that time appellant has taken her away near trees of dates and forcefully raped her. When victim has screamed, brother of the first informant namely, Pappu, reached on the spot and saw the alleged incident. After seeing Pappu, appellant absconded from the place of occurrence.

(3.) On the basis of above submission, written report of the first informant, first information report was lodged on same day i.e. 25.5.2012 at 16.10 p.m. at police station Kotwali Dehat, Bulandshahar as Case Crime No. 306 of 2012 under section 376 I.P.C.