MOHSIN Vs. STATE OF U.P.

JUDGEMENT

(1.) By way of this appeal, the appellants have challenged the Judgment and order 20.4.2010 passed by court of Additional District and Sessions Judge/FTC, Court No.2, Ghaziabad in Session Trial No.393 of 2009 arising out of Case Crime No.1310 of 2008 under Sections 354, 376 Indian Penal Code, Police Station-Sahibabad, District-Ghaziabad whereby the accused-appellants were convicted under Section 376 IPC and sentenced to imprisonment for life with fine of Rs.25,000/- each and Section 354 of IPC convicted for two years rigorous imprisonment and fine of Rs.3000/-.

(2.) The brief facts of this case are that complainant Munni Devi, mother of the prosecutrix, submitted a written report at Police Station Sahibabad, District Ghaziabad, Ex.Ka-2 stating that her daughter (prosecutrix) was going to Happy Public School, Rajendra Nagar for bringing her cousin sister on 23.8.2008 at about 1.30 p.m. On the way Arshad, Mohsin and Mansad resident of village Pasaunda met and they all started molesting her, Arshad tried to drag her to the Budha Park, she raised alarm and some of people gathered there. Then they all ran away from there. On this report, a first information report was lodged at Police Station Sahibabad under Section 354 I.P.C. After lodging the FIR, investigation was started.

(3.) Investigating Officer recorded the statements of prosecutrix and other witnesses, prepared site plan. Medical examination of prosecutrix was conducted. After completing the evidence, charge sheet was submitted. The case being trialbe exclusively by the court of session, it was committeed to the sessions Court by the competent Magistrate.