VIRENDRA BADHAI Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal under Section 374 (2) Cr.P.C. has been preferred by accused Virendra Badhai, S/o Lal Chandra, R/o Village Pachkhora, Police Station Kandharapur, District Azamgarh against State of U.P. challenging the impugned judgment and order dated 24.11.2005 passed by the learned Additional Sessions Judge, Court No. 4, Azamgarh in Sessions Trial No. 566 of 2001 whereby the appellant has been convicted under Section 302 I.P.C. and sentenced for life imprisonment with a fine of Rs.10,000/- and in default of payment of fine he is to further undergo three years imprisonment and under Section 376 I.P.C. to undergo life imprisonment with a fine of Rs.10,000/- and in default of payment of fine he is to further undergo rigorous imprisonment for three years.

(2.) The impugned judgment and order has been challenged on the ground that it is against the weight of evidence on record; the conviction and sentence awarded to accused is bad in law. Findings of conviction is perverse and the sentence awarded under Section 376 I.P.C. is too severe; the prosecution has miserably failed to prove the charges, framed against the accused, beyond all reasonable doubt.

(3.) The prosecution case as embedded in the F.I.R. is that first informant Laxmi Shankar Rai is the real uncle of victim Manisha @ Dangar daughter of Shiv Shankar Rai. She was aged about 12 years and was studying in class II. She was neither mad nor lunatic. However, she was of low I.Q. She used to go to school every day on her own.