BAWUA GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Prem Kumar Singh, learned Amicus Curiae for the appellant, Shri Umesh Chandra Verma, learned A.G.A.-I for the State and perused the entire record.

(2.) Under challenge in this criminal appeal is the impugned judgment and order dtd. 23/11/2001 passed by the learned Additional District and Sessions Judge, Court No.13, Lucknow in Sessions Trial No.655 of 2000 arising out of Case Crime No.453 of 1999, under Sec. 376 of the Indian Penal Code1, Police Station Wazirganj, District Lucknow, whereby the appellant, has been convicted and sentenced to undergo life imprisonment for the offence under Sec. 376 I.P.C. with a fine of Rs.10,000.00.

(3.) The case of the prosecution, in nutshell, is that on 14/12/1999 at about 7:00 P.M., when the victim, P.W.-2 aged about 7 years, daughter of P.W.-1 went out of the house to buy paan for her mother, the accused/ appellant, Bawua Gupta lured her with toys and clothes and took her to Birhana Park and thereafter he raped her there. When the victim started crying and screaming, the accused/ appellant threatened to strangle her. She remained unconscious in Birhana park and the next morning after reaching home, she told her mother about the said incident. P.W.-1, father of victim went to the Police Station, Wazirganj and gave a written report.