FUDDU @ FIDA HUSSAIN Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal, filed on behalf of the accused-appellant under section 374 Cr.P.C assailing the correctness of the judgement and orders dated 31.3.2014 passed by Sri Surendra Kumar Yadav, Additional Sessions Judge/ Special Judge (SC/ST Ac), Gorakhpur in Sessions Trial No.107 of 2011 (State Vs. Fuddu alias Fida Hussain and others), whereby the appellant has been convicted under sections 376,506 and 354 I.P.C and sentenced to undergo rigorous imprisonment for 10 years with fine of Rs.10,000/-,rigorous imprisonment 1 year with fine of Rs.2,000/- and rigorous imprisonment for one year with fine of Rs.1,000/-. In default of payment of fine, he has been further directed to undergo imprisonment of one year, one month, respectively.

(2.) Heard Sri Sams Vikas, learned counsel for the appellant, Smt. Archana Singh, learned A.G.A for the State-respondent and perused the record.

(3.) In the present appeal, facts of the prosecution case may be summarized as under.