SHAHID Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Amrish Kashyap, learned counsel for the accused- appellant and learned A.G.A. for the State.

(2.) This appeal challenges the judgment and order dtd. 4/12/2007 passed by Special Judge (SC/ST Act), Kanpur Nagar in Special Sessions Trial No.670 of 2007 (State vs. Shahid) wherein the learned Special Judge has convicted and sentenced accused-appellant, Shahid, under Sec. 376 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') for life imprisonment and fine of Rs.10,000,.00 further convicting under Sec. 363 of IPC for imprisonment 5 years rigorous imprisonment and fine of Rs.5000.00 and read with Sec. 3 (2) (v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as SC/ST Act) and sentenced him to imprisonment for life with fine of Rs.10,000.00 and, in case of default in payment of fine, further to under go one year's simple imprisonment.

(3.) Brief facts as culled out from the record are that Vijay Kumar, the father of prosecutrix, made a complaint to Police Station Cantt Kanpur Nagar stating that on 3/12/2006, at about 4.00 p.m., when the prosecutrix was playing outside the house, the accused-appellant, Shahid, caught her from behind, Shahid allured him into his house and started committing rape on her. On raising alarm by the prosecutrix, the informant along with his neighbours reached at the place of incident where they saw that accused was committing rape on her, accused ran away from there. It was alleged that the prosecutrix sustained injuries and the informant brought her to the Police Station.