ATUL KUMAR JAISWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the appellant, learned Additional Government Advocate and perused the record.

(2.) THIS criminal appeal has been filed against the judgment and order dated 28.02.2009, passed by the then learned Additional Sessions Judge, Court No. 1, Gonda in S.T. No. 215 of 2008, by which the appellant has been convicted for the offence punishable under Section 376 I.P.C. with an imprisonment of ten years and a fine of Rs. 5000/ -.

(3.) THE prosecution has examined the complainant as PW -1, who has stated that he had gone to Delhi for purchasing some goods and when he came back on 25.02.2008 then his children told that on 21.02.2008 at 7.00 p.m. the neighbour Atul Kumar Jaiswal has entered into the house. The victim had told that at that time Deepak and Dipika had gone outside to play and Atul Kumar Jaiswal had committed rape with her. The First Information Report has been proved as Ext. Ka -1.