VIJAI KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and sentences dated 21.06.2000 passed by the IVth Additional Sessions Judge, Badaun in S.T. No. 406 of 1999 (State Vs. Vijay Kumar) under Section 363,376 IPC, p.s Kotwali, Badaun, by which accused Vijay Kumar @ Jai Singh was convicted for the charges under Section 376 and 363 IPC; and was punished for the charge u/s 376 IPC with imprisonment for life and fine of Rs. 2000/- (in default of payment one years rigorous imprisonment) and for the charge u/s 363 IPC with rigorous imprisonment of five years and fine of Rs. 1,000/- (in default of payment, six months further imprisonment); with direction that both the sentences would run concurrently.

(2.) The prosecution case in brief is that the accusedappellant had kidnapped Shilpi, 7 year old grand-daughter of the informant Ram Prakash on 04.04.1999 at 09:00 p.m. from the hut of the informant and committed rape with her. After this incident, the victim Shilpi was found by one Siyaram who had taken her to the informant. Then informant who then lodged a first information report on 05.04.1999 at 10:00 a.m. in the police station concerned.

(3.) During investigation, at the time of the medico-legal examination, the doctor had found that there were marks of injuries, scratches and rape on her body. After conclusion of the investigation, charge-sheet was submitted against accusedappellant Vijay Kumar, on the basis of which, S.T. No. 406/1999 (State Vs. Vijay Kumar) u/s 363 and 376 IPC was registered in police station Kotwali, Badaun. On conclusion of the trial, accused appellant was convicted, punished and sentenced as above by the impugned judgment dated 21.06.2000, against which the present appeal has been preferred by the accused.