SHAKEEL AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri G.S. Chaturvedi, learned Senior Advocate, assisted by Sri Alok Ranjan Misra and Sri Kamal Kumar Singh learned counsel for the appellant and Sri Akhilesh Singh, learned Government Advocate assisted by Sri Rajeev Gupta for the State.

(2.) THE present appeal has been filed being aggrieved against the judgement and order dated 22.12.2011 and 10.01.2012 passed in S.T. No. 15 of 2000 by Sri D.C. Singh (H.J.S.), Additional Sessions Judge, Court No. 3, by virtue of which the sole appellant Shakeel Ahmad (accused) has been convicted and sentenced herein as under: a) Under Section 302 I.P.C. - death sentence + a fine of Rs. 25,000/ - and in case of default in payment of fine, further rigorous imprisonment of five years. b) Under Section 376 I.P.C. - life imprisonment + a fine of Rs. 15,000/ - and in case of default in payment of fine, further imprisonment of two years. c) Under Section 201 I.P.C. - 7 years rigorous imprisonment + a fine of Rs. 2,000/ - and in case of default in payment of fine, one month additional imprisonment.

(3.) IN the present case, the sole accused Shakeel Ahmad who was aged about 43 years, at the time of incident, has been accused of brutally raping and causing murder of a child aged about five years namely Km. Afreen daughter of Ishrat Ali.