SHAHNAWAZ @ SHAHANAZ Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 27.4.2011 passed by Additional Sessions Judge, Court No. 2, Azamgarh in S.T. No. 8 of 2004 (State Vs. Shahnawaj) arising out of Crime No. 417 of 2000, under Section 376 I.P.C. and Section 3(1)(xii) SC/ST Act, Police Station-Phoolpur, District-Azamgarh, whereby the accused was found guilty and sentenced to 10 years rigorous imprisonment and Rs. 10,000/- fine with default stipulation.

(2.) Filtering out the unnecessary details, the prosecution case, in brief, is that the informant has lodged written report stating that when his daughter was coming back after selling leaf plate (pattal), she was accompanied with four girls, when she reached near the Eidgah the accused Shahnawaz alongwith his companion teased and molested the victim.

(3.) On the basis of this written report, chik report was scribed by Constable Muharrir 704 Ram Ikbal, P.W. 5, who proved the chik report as Exhibit Ka-4 and copy of G.D. as Exhibit Ka-5. P.W. 6 Additional S.P. Omprakash conducted the investigation in the matter. He recorded the statements of the witnesses, took the clothes of the victim into possession, prepared the recovery memo. He inspected the spot, which was proved as Exhibit Ka-6. The investigation ended into a charge-sheet, which was proved as Exhibit Ka-7. He proved the recovery memo as Exhibit Ka-2 and report as Exhibit Ka-8.