ISRAEL Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 15.09.2012 passed by the learned Additional District & Sessions Judge, Court No. 9, Pilibhit in Sessions Trial No. 173 of 2012, (State vs Israel) arising out of Case Crime No. 1221 of 2011, under Ss. 376, 377 IPC, Police Station Puranpur, District Pilibhit, whereby the accused -appellant has been convicted and sentenced to ten years' rigorous imprisonment and a fine of Rs. 5,000/ - under Sec. 376 IPC and ten years' rigorous imprisonment and a fine of Rs. 5,000/ - under Sec. 377 IPC with default stipulation.

(2.) Filtering out the unnecessary details, the case of the prosecution as set up in the FIR lodged by the informant -Mushtaq Ali is that on 27.10.2011 his minor daughter, the victim aged seven years along with her younger sister Ayesha Noori, aged five years had gone to the field to fetch grass for the goats. The accused Israel, who resides in the same village was present at the field from before and was cutting the grass. He took her daughter to the field of Mahendra Pradhan on the pretext of giving sugarcane and in the sugarcane field, he committed rape on her forcibly. On hearing the shrieks of the victim, the informant and his wife Mariyam rushed to the field at 3.30 PM and saw the accused running away towards the field after tying his underwear. When he along with his wife entered into the field of sugarcane, he saw that blood was oozing from the vagina of the victim.

(3.) On the basis of the written report, which was proved as Ext. Ka -1, a case was registered at case crime No. 1221 of 2011, under Sec. 376 IPC, at police station Puranpur, district Pilibhit, Ext. Ka 3 against the accused Israel, which was entered into GD on 27.10.2011 at 5.20 PM, which was proved as Ext. Ka -4.