RAM NAYAN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the appellant, learned AGA and perused the record.

(2.) THIS Criminal Appeal has been filed against the judgement and order dated 15.01.2008 passed by the Sessions Judge, Faizabad by which the applicant has been convicted for the offence punishable under section 376 IPC and has been sentenced to ten years rigorous imprisonment along with fine of Rs.5000/ -.

(3.) AS per the prosecution case, on 3/4 -07 -1999 at about 3.00 am in the night, the accused Ram Nayan had entered into the house of complainant and had committed rape with his daughter aged about 16 years. Upon her alarm, the brother of the complainant came on the spot and had seen the accused in the light of torch. The accused escaped away from the spot. When the complainant came back in the morning from the relationship, then his wife and daughter told about the incident, regarding which the report was lodged on 04.07.1999. After investigation of the case, the charge -sheet was filed for the offence punishable under section 376 IPC. The accused has denied the charges and claimed trial.