NADEEM Vs. STATE OF U.P.

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged the Judgment and order 29/8/2006 passed by court of Additional District and Sessions Judge/Fast Track Court No. 2, Firozabad in Sessions Trial No.211 of 2005, arising out of Case Crime No. 305 of 2004, under Sec. 376 I.P.C., Police Station Ramgarh, District Firozabad whereby the accused-appellant was sentenced under Sec. 376 I.P.C. with a sentence of life imprisonment and fine of Rs.2000.00 and in event of default of payment of fine, to undergo six months' further imprisonment.

(2.) The brief facts as per prosecution case are that on 31/12/2004 at about 3:00 p.m., the accused-Nadeem came to the house of complainant and started playing with her five months old daughter and when his wife was busy with her household work he took her daughter to his house. After sometime when his wife did not find her daughter in the house, she went to the house of accused-Nadeem and saw that accused- Nadeem was with her daughter and the daughter was screaming. On the wife's scream the complainant also rushed to Nadeem house. The complainant was one of his neighbours and saw that accused-Nadeem fled away from the spot and while running he was seen by other villagers also.

(3.) On F.I.R being lodged, the investigating Officer, Nawab Ali tookup the investigation visited the spot, prepared site plan, recorded statements of the witnesses and after completing investigation submitted charge sheet against the accused.