KAMLESH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the appellant as well as learned AGA and perused the material on record.

(2.) UNDER challenge in the instant appeal is the judgment and order dated 16.01.2007 passed by Additional Sessions Judge/Fast Track Court -I, Lucknow in S.T. No. 369 of 2005, whereby the appellant was convicted for the offences under Sections 452/376/506 IPC. For the offence under Section 452 IPC, the appellant was sentenced to undergo rigorous imprisonment for a period of four years and also with fine of Rs. 20,000/ - with default stipulation of six months rigorous imprisonment. For the offence under Section 376 IPC, he was sentenced to undergo rigorous imprisonment for a period of ten years and also with a fine of Rs. 50,000/ - with default stipulation of one year simple imprisonment. For the offence under Section 506 IPC, he was sentenced to undergo rigorous imprisonment for a period of one year and also with fine of Rs. 2,000/ - with default stipulation of three months imprisonment. Total amount of fine imposed was Rs. 72,000/ -.

(3.) BRIEF facts, necessary for the disposal of the instant appeal are that the complainant Parsuram, who happens to be the father of the victim, lodged an FIR on 16.06.2002 at Police Station - Itaunja, District - Lucknow with the allegation that on 14.06.2002, he along with his wife had gone to his wife's parental home. His minor daughter (hereinafter referred to as 'the victim') aged about 13 years was left at his residence. In the night of 15.06.2002, appellant -Kamlesh trespassed into his house and committed rape with the victim by gagging her mouth with a piece of cloth. He had trespassed into her house with a banka in his hand and had threatened the victim that in case any complaint is made, then she shall be killed. First information report was lodged at the Police Station on 16.06.2002 at 16.45 hours. The details of the registration of the case were entered into GD. Victim was referred for medical examination.