LAWS(ALL)-2015-12-63

DAN SINGH Vs. STATE OF U.P.

Decided On December 01, 2015
DAN SINGH Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned A.G.A.

(2.) This appeal has been preferred against the judgment dated 08.06.2012 passed by Special Judge (E.C. Act)/Additional Sessions Judge, Bareilly, in S.T. No. 118 of 2011, under Sec. 376 I.P.C., registered as Case Crime No. 917 of 2010, Police Station Nawabganj, District Bareilly, whereby the accused appellant Dan Singh was found guilty under Sec. 376 I.P.C. He was thereby convicted and sentenced to 10 years R.I. with a fine of Rs. 5000/ - with default stipulation.

(3.) Prosecution story according to first information report is that the informant Giridhar Gopal the work of welding near Ambedkar Park. On 30.08.2010, at about 03:00 P.M., his daughter Kumari Ritu aged about 7 years was going home after giving food to the informant. When the girl reached near St. Thomas School, one boy forcibly took his daughter into the jungle and raped her against her wishes. Vijay and Guddu who were fishing at the nearby pond raised hue and cry at which the accused fled away. The informant and his family members along with the girl were tracing the accused since 30.08.2010. On 31.08.2010, the victim identified the accused Dan Singh, who was beaten and apprehended by the informant and his family members. The accused Dan Singh sustained injuries on his face. This accused was brought to the police station by the informant and a written first information report was lodged.