SURENDRA VERMA 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 13.10.2008, passed by the then learned Additional Session Judge, Sultanpur, by which the appellant has been convicted for the offence punishable under Section 376 I.P.C. with an imprisonment of ten years rigorous imprisonment and a fine of Rs.10,000/ - and the appellant has also been convicted for the offence punishable under Section 506 I.P.C. with an imprisonment of two years.

(3.) AS per the prosecution case, the complainant Ram Chander Nishad lodged the First Information Report stating that when his daughter, aged about 10 years, was coming back along with her grand -mother then on 28.06.2007, at about 7.00 p.m. the appellant along with his one companion met with the grand -mother and offered them to leave by Cycle. Upon which, the grand -mother sat on the Cycle of Munshi Kahar and the daughter of the complainant sat on the Cycle of the appellant -Surendra Verma. The appellant -Surendra Verma turned his Cycle towards solitude place and committed rape with his daughter and also threatened her for dire consequences. After investigation, the charge -sheet was filed against the appellant for the offences punishable under Sections 376 and 506 I.P.C. The appellant had denied the charges and claimed trial.