DINNA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionist and learned AGA and perused the material placed on record.

(2.) This criminal revision is directed against the judgement and order dated 1.5.2014 passed by learned Addl. Sessions Judge, Court No. 3, District Shahjahanpur in Criminal Appeal No. 60 of 2013 (Dinna Vs State of UP and others) by which the conviction and sentence dated 29.5.2013 passed by the Chief Judicial Magistrate, Shahjahanpur in Case No. 4867 of 2012 arising out of Case Crime No. 664 of 2012, under Section 377 IPC whereby the revisionist was convicted and sentenced under Section 377 IPC and sentenced to under go rigorous imprisonment for seven years along with fine of Rs. 5000/- with default stipulation, was affirmed and the criminal appeal was dismissed.

(3.) As per prosecution version, minor son of informant while he was on the way to defecate on 27.9.2012, was caught and forcefully taken away by the revisionist in a sugarcane field where unnatural carnal intercourse was committed upon him by the revisionist. The report of the incident was lodged by the father of the victim on 4.10.2012 vide Case Crime No. 664 of 2012, under Section 377 IPC. The matter was investigated and charge sheet was submitted against the accused revisionist. The revisionist was charged under Section 377 IPC and he denied the charge and claimed trial.