ABRAR @ BHURA Vs. STATE OF U.P.

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order dated 15.11.2010 passed by Additional Sessions Judge/F.T.C VIII, Lucknow, whereby appellant has been convicted under Section 376 I.P.C and sentenced to undergo imprisonment for seven years and a fine of Rs. 10,000/ - and in default of payment of fine further imprisonment for one month. The informant in the instant case is Mohd Atique, the father of the prosecutrix. The FIR in the case was registered at case crime no 213 of 2009 with the allegations that the appellant who was his neighbour and was residing in the same building in which he was residing with his family, situated in the field of Purana Haiderganj Maurya enticed away his daughter aged 15 years on 19.4.2009. It is further alleged that the appellant Abrar originally belonged to Pilibhit and he was residing in the said building on rent alongwith his family consisting of wife and six year old daughter. On the basis of the written report, the FIR was lodged at case crime No. 213 of 2009 under Sections 363, 376 I.P.C. After the conclusion of the investigation charge -sheet was submitted in the Court and in due course, the case was committed to the Court's of Sessions. The Sessions Judge framed charges under Section 363, and 376 IPC.

(2.) THE prosecution in order to prop up its case, examined P.W -1 Atique, father of the victim, P.W -2 Victim, P.W -3 Vishwamitra, P.W -4 Dr. Smt. Subodh, P.W -5 S.I. Ramesh Singh and P.W -6 Arun Kumar Dubey.

(3.) THE Sessions Judge after delving into the materials on record and appraising the evidence adduced by the prosecution, recorded verdict of conviction against the appellant as aforesaid. It is in this conspectus that the present appeal has been preferred.