ALOK LODHI Vs. STATE OF U.P.

JUDGEMENT

(1.) The appellant has preferred this appeal challenging his conviction and sentence awarded by learned Additional Sessions Judge, Court No. 2, Fatehpur vide judgment dated 10.05.2013 passed in Session Trial No. 374 of 2011 (State Vs. Alok Lodhi) arising out of Case Crime No. 160 of 2011, under Sections 376/511, 342 IPC, PS Kotwali, District Fatehpur whereby accused appellant Alok Lodhi was found guilty under Sections 342, 376/511 IPC and sentenced to one year's simple imprisonment under Section 342 IPC and five years' simple imprisonment under Sections 376/511 IPC and a fine of Rs.10,000/ - with default stipulation.

(2.) Shorn of unnecessary details, the prosecution story against appellant is that on 05.04. 2011 at 3 o' clock in the day time, the daughter of informant aged six years was playing. Suddenly, accused Alok took the girl to his room. He made the girl catch his penis and asked her to masturbate and he was attempting to rape her.

(3.) When the victim raised hue and cry, the wife of informant namely Chheddan and other people rushed to the spot, at which accused appellant Alok Lodhi fled away. He was later on traced and brought to the police station by the informant and a first information report was lodged at 09:30 AM on 06.04.2011 on the basis of which a case under Sections 376/511, 342 IPC was registered against the appellant at Crime No. 160 of 2011, the investigation whereof was entrusted to SI Mohd. Saleem Siddiqui. The victim was sent for medical examination. The investigation ended in to a charge sheet against the accused appellant.