BABLU SAINI Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 29.6.2013 passed by learned Additional Sessions Judge, Court No. 5, Kanpur Nagar in Session Trial No. 1236 of 2011 (State Vs. Bablu Saini @ Dinesh), under Section 376(2)(f) and 506 I.P.C., P.S. Kidwai Nagar, district Kanpur Nagar, whereby the appellant has been convicted under the aforesaid sections and has been sentenced as follows :-

(2.) Heard Sri Sushil Shukla, learned counsel for the appellant and learned A.G.A. representing the State. Perused the impugned judgment and lower court's record.

(3.) The prosecution case as unfolded during trial is that an F.I.R. was lodged on 8.5.2011 by Smt. Meena Devi (mother of the victim) at Police Station Kidwai Nagar, district Kanpur Nagar alleging that her minor daughter aged about 9 years was forcibly taken away by her neighbour in the midnight of 8/9.5.2011 at about 2.00 A.M. with bad intention of committing rape with her. When her daughter raised alarm she, her son Pawan and her husband Rajendra got awakened and saw the appellant Bablu Saini dragging her daughter towards his room. When she and her son challenged the accused, he left her daughter and threatened them with dire consequences if any report was lodged with the police.