SANJEEV @ SANJU Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been directed against the judgment and order dated 24.12.2015 passed by the Additional Sessions Judge/ F.T.C., Baghpat, in S.T. No. 443 of 2012, State Vs. Sanjeev @ Sanju, u/s 376, 506 I.P.C., P.S. Baroth, District Baghpat, arising out of Case Crime No. 513 of 2012, whereby the learned trial court has convicted the appellant under section 376 I.P.C. and has sentenced him to rigorous imprisonment for seven years with fine of Rs. 5000/- and in default of payment of such fine, to undergo six months additional imprisonment. By the impugned order the appellant has also been convicted under section 506 I.P.C. for which he has been awarded R.I. for one year. Both the aforesaid sentences were directed to run concurrently.

(2.) Heard learned counsel for the appellant and learned AGA. Perused the record.

(3.) As per the prosecution case, the prosecutrix lodged an FIR against the applicant alleging that when her husband Baburam had gone to Gauhati to attend the Terahvi (a ritual performed on 13th day from the death of a person) of her Jeth, the accused-appellant, who is the nephew of her husband (Bhanja) and is a resident of the same locality called her at 6.00 A.M. in the morning for milking his cow. It is alleged that when she went to his house for milking his cow, the appellant took her inside his bedroom and committed rape on her. The learned trial judge found the prosecution case reliable and convicted the appellant as aforesaid.