AMAR NATH Vs. STATE OF U P

JUDGEMENT

(1.) Instant criminal appeal has been preferred against order of conviction and sentence dated 7th November, 1998 passed by learned 1st Additional Sessions Judge, Agra in Session Trial No. 463/1997 State v. Amarnath, whereby the appellant has been convicted under Sections 363 and 376, I.P.C. and has been sentenced to undergo Rigorous Imprisonment of three years and 10 years respectively. A fine of Rs. 5000/- has also been imposed under Section 376, I.P.C. In default of payment of fine, he has to further undergo Rigorous Imprisonment of one year. The learned Additional Sessions Judge has not directed as to whether both the sentences are to run concurrently, or consecutively.

(2.) Heard Shri J.N. Rai, learned Amicus Curiae and learned AGA have gone through the record.

(3.) According to prosecution, Amir Uddin, resident of 15/134, Bari Hathai, Nai Ki Mandi, P.S. Nai Ki Mandi, District Agra lodged First Information Report against appellant-Amarnath on 19th May, 1997 at about 11.50 a.m. under Sections 363 and 376, I.P.C. contending the fact that he along with his grand-daughter were sleeping in Mohalla Bari Hathai, Nai Ki Mandi, District Agra and when he got up in the morning, he found his grand-daughter missing from the cot. He accompanied with his son Nisar-father of the girl, Aleemuddin, Nawabuddin started to make search. When they were going beside Railway line near Edhgah Indian Railway Depot, they heard shrieks of the girl and found that the appellant was indulged in sexual intercourse with the girl. The informant and other persons caught hold of the appellant at about 10 a.m. on 19-5-97 and carried him and lodged him at the Police Station, F.I.R. was lodged.