AZAM Vs. STATE OF U. P.

JUDGEMENT

(1.) Feeling aggrieved with the impugned judgement dtd. 5/11/2019 passed by the Additional Session Judge/Special Judge (POCSO Act), Court No. 01, Gorakhpur in Special Session Trial No. 19/2014 (State of U. P. Vs Azam) arising out of Case Crime No. 652 / 2013, under Sec. 376 IPC and Sec. 5 (m)/6 of POCSO Act, Police Station-Khorabar, District-Gorakhpur whereby the accused-appellant was convicted under Sec. 376 I.P.C. and sentenced to undergo rigorous imprisonment for 10 years along with fine of Rs.25,000.00 and in case of default in depositing the amount of fine additional rigorous imprisonment for six months was also awarded, the present appeal has been preferred.

(2.) As per the case of the prosecution, Savitri Maurya, wife of Raj Kumar, submitted a report to the police station concerned that on 7/12/2013, she was in the market. Her daughter victim X, aged 11 years was at home. At around 8:00 pm, her neighbor Azam came to her house, shut the mouth of her daughter and took her to the adjacent under- construction house. He forcibly raped her. Upon hearing the alarm raised by the victim, villagers and her family members reached there, having torches in their hands and saw Azam fleeing away while wearing his pant. Her daughter narrated the whole incident when she returned from the market.

(3.) On the basis of the aforesaid written report, case crime No. 652 of 2013, under Ss. 376 (2) (1) I.P.C. and Sec. 5 (m)/6 of POSCO Act, 2012 was registered against the accused-appellant.