NANKEY Vs. STATE OF U. P.

JUDGEMENT

(1.) This criminal appeal arises out of judgment and order dtd. 18/6/2015, passed by Addl. Sessions Judge, Room No.1, Gonda, in S.T.No.8 of 2013 arising out of crime No.106 of 2013 State versus Nankey alias Ladain whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for fourteen years R.I. under Sec. 376 I.P.C. and a fine of Rs.25000.00 with default provision and under Sec. 3/4 Protection of Children from Sexual Offences Act, 2012 for fourteen years R.I. and a fine of Rs.25,000.00, with default provision.

(2.) Prosecution case as per written report is that on 20/5/2013 at about 7.30 p.m., the daughter of the informant aged about 8 years was going to boring. On the way, Nanke alias Laden son of Swami Nath Chaubey dragged her towards the corner of the pond and raped her. When she raised alarm, villagers ran and then the accused ran away.

(3.) On the basis of the written report, chick first information report was registered. Statement of the victim under Sec. 164 CrPC was recorded where she supported the prosecution case. The victim on the very next day, i.e. on 21/5/2013 was medically examined by Dr. Karuna Gupta, P.W.4 of District Women Hospital, Gonda who has given the following report : <IMG>JUDGEMENT_89_LAWS(ALL)12_2023_1.jpg</IMG>