ZAKIR HUSAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Kandarb Srivastava, learned amicus curiae appointed by the High Court on behalf of the applicant and Sri Brijesh Yadav, learned A.G.A. for the State.

(2.) This jail appeal has been filed by the appellant-Zakir Husain alias Mikal against the judgment of the trial Court dated 03.02.2011 passed in S.T. No. 95 of 2010 case crime no.1396 of 2009 under sections 376 (2)(f), 504 and 506 IPC.

(3.) The prosecution case as per the F.I.R., lodged by the mother of the victim on 2.11.2009 at 10 a.m., is that on 31.10.2009 at about 4 o' clock afternoon, she went for searching her daughter Km. Sahama and found her near Ramghat in the bushes. Her daughter was shouting and accused Zakir Husain @ Mikal was lying over her in naked condition and threatening her daughter not to reveal anything to anybody otherwise she will face serious consequences. The allegation is that the accused Zakir Husain @ Mikal has committed rape upon the girl. It is also alleged by the informant that there are injuries on the private part of her daughter.