SABIR Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned Additional Government Advocate and perused the record of the case.

(2.) THIS appeal has been filed against the judgment and order dated 13.12.2011 passed by the Additional District and Sessions Judge, Court No. 1, Ghaziabad in Sessions Trial No. 275 of 2009 (State v. Sabir and another), under sections 363, 366 and 376(2)(Chha) IPC, Police Station Loni, District Ghaziabad, whereby the accused appellant has been convicted under section 363, 366 and 376(2)(Chha) IPC and sentenced to seven years' imprisonment each under sections 363 and 366 IPC and a fine of Rs. 10,000/ - each, ten years' RI under section 376(2)(Chha) and a fine of Rs. 20,000/ - with default stipulation.

(3.) THE prosecution examined total five witnesses. PW -1 is Naseem Uddin, who is the complainant and father of the victim. He proved the report as Ext. Ka -1. PW -2 is Ansaro Khatoon, who is the mother of the victim. PW -3 is the victim of the case. PW -4 is HCP, Gajendra Kumar, who prepared the chik report and proved it as Ext. Ka -3 and made entries in the G.D. and proved it as Ext. Ka -3. After examination of all the five witnesses, prosecution closed his evidence.