AKHTAR Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant against the judgement and order dtd. 30/9/1981 passed by learned IVth Additional Sessions Judge, Bijnor in S. T. No. 93 of 1981; State Versus Akhtar, under Sec. -376 IPC, P. S.-Kotwali City Bijnor, whereby the appellant Akhtar has been convicted under Sec. -376 IPC and sentenced to four years R. I. with fine of Rs.500.00.

(2.) Heard learned counsel for the appellant and learned A.G.A. for the State and perused the record.

(3.) The informant lodged first information report exhibit Ka-1 under sec. 376 IPC on 5/2/1981 alleging that on 5/2/1981 at about 02.00 PM while the daughter of his nephew (hereinafter refered as victim), aged about 10-11 years, was going to take fodder, the appellant caught her in the way and committed rape upon her. Hearing cries of victim, one Sayeed and Islam reached there and thereafter appellant ran away. Victim was medically examined vide medical examination report exhibit ka-7.