AFTAB Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned A.G.A. for the State and perused the records.

(2.) Feeling aggrieved and dissatisfied with the judgment and order dtd. 6/10/2016 passed by Additional Sessions Judge/Court No. 1, Hamirpur in Special Sessions Trial No. 98 of 2013 (State v. Aftab), arising out of Case Crime No. 819 of 2013, under Sec. 376(2)(I) (J) I.P.C. and Sec. 6 of P.O.C.S.O. Act, P.S. Kotwali Hamirpur, District Harmirpur whereby the learned Additional Sessions Judge/ Court No. 1, Hamirpur has convicted and sentenced the appellant under Sec. 376(2)(I)(J) I.P.C. to undergo rigorous imprisonment for a period of 14 years with fine of Rs.20,000.00, in default of payment of fine, one year additional rigorous imprisonment, under Sec. 6 of P.O.C.S.O. Act, rigorous imprisonment for a period of 12 years with fine of Rs.10,000.00, in default of payment of fine, six months rigorous imprisonment.

(3.) Tersely put, the case of the prosecution is that the complainant Ahmad Khan lodged an F.I.R. at P.S. Kotwali Hamirpur, District Hamirpur on 8/4/2013 at 22:15 hours, stating therein that on 8/4/2013 at about 05:30PM, complainant's daughter victim aged about 9 years was playing in the locality. At the same time, the appellant who is resident of the same locality took the victim to his house and committed rape upon her. Owing to rape, blood was continuouly oozing out from the private part of the victim.