SIYARAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Sri Rehan Ahmad Siddiqui, Advocate was appointed as amicus -curiae to argue the appeal on behalf of the appellant, who was unable to engage counsel of his choice as is evident from the order dated 2.4.2015 passed by this Court.

(2.) The present appeal has been preferred by the sole appellant from jail against the judgment and order dated 10.2.2012 passed by Additional Session Judge, Court No.6, Sitapur in Special Session Trial No. 946 of 2010 whereby the appellant has been convicted for the offence punishable under Section 376(2)(f) I.P.C. and sentenced to undergo ten years rigorous imprisonment with a fine of Rs. 5,000/ - and default of payment he shall undergo further 6 months rigorous imprisonment.

(3.) The brief facts of the case are that the first information report of the present case was lodged by P.W. 1 Gaya Baksh Singh on 23.7.2009 at 9:40 a.m. with an allegation that on 21.7.2009, he along with his wife had gone to see a fair on the day of Amawasya leaving behind his minor daughter aged about 7 years at his house along with his servant Siya Ram and when he returned home on 22.7.2009, his daughter was crying and on asking she told him that the accused -appellant Siya Ram has sexually assaulted her and when he saw her underwear blood was found on it and also on her private parts. He took his daughter to the concerned police station for lodging of the F.I.R. and on the basis of the report of the informant, the F.I.R. was registered at police station Ramkot, District Sitapur as Case Crime No. 879 of 2009, under Section 376 I.P.C.