SONU Vs. STATE OF U.P.

JUDGEMENT

(1.) Present appeal has been filed by accused-appellant Sonu @ Pinku against the judgement and order dtd. 19/12/2012 passed by IInd Additional District and Sessions Judge, Gautam Budh Nagar in Session Trial No.629 of 2010 (State Vs. Sonu @ Pinku) under Sec. 363, 366-Ka and 376(2)(f) IPC and Session Trial No. 630 of 2010 (State vs. Sonu @ Pinku), under Sec. 25 Arms Act arising out of Case Crime No. 824 of 2010, P.S. Sector-58, NOIDA, Gautam Budh Nagar, whereby Trial Court has convicted accused Sonu @ Pinku and sentenced him to rigorous imprisonment for 5 years with fine of Rs.10,000.00 under Sec. 363 IPC, 7 years rigorous imprisonment and fine of Rs.10,000.00 under Sec. 366-Ka I.P.C. and life imprisonment and fine of Rs.2000.00 under Sec. 376(2)(f) I.P.C. with default punishment and 2 years rigorous imprisonment with fine of Rs.2000.00 under Sec. 25 Arms Act.

(2.) Prosecution story in brief in F.I.R. is as follows :- On 10/6/2010, informant / complainant's children were playing outside the slums / Jhuggis built on the vacant plot before the petrol pump Wajidpur when the informant had gone to his work as usual. At about 11:30 a.m., one black Indica Car stopped near the children, which was being driven by accused-appellant Sonu @ Pinku, who seduced the victim aged about 8 years (name is not disclosed by the Court) and 3-4 other children were playing there and made them sit in the car and after covering some distance, he took off all the children except the victim from the car and took her (victim) towards Sector 62. Information, whereof, was given to police then the police vehicles came on spot in search of Indica Car and started its search. The accused-appellant raped the victim and threw her on the side of road in A-Block Sector 62, Noida, where she was found injured with bleeding, victim was taken to hospital in injured position for medical examination where she was medically examined.

(3.) A written Tehrir Ex.Ka-1 was presented by victim's father Ramesh @ Mehadi Hasan in the police station concerned whereupon F.I.R. (Ex.Ka-4) was drawn by constable Moharrir and entry was made in general diary.