PANNA Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 13.8.2013 passed by learned Additional Sessions Judge, Court No. 2, Rampur in Session Trial No. 14 of 2012 (State Vs. Panna) arising out of Case Crime No. 1228 of 2011, under Sections 452, 376 and 506 I.P.C., P.S. Patwai, district Rampur whereby the appellant has been convicted and sentenced for 3 years R.I. and fine of Rs. 1000/- under Section 452 I.P.C., 7 years R.I. and fine of Rs. 5000/- under Section 376 I.P.C. and one year R.I. under Section 506 I.P.C.

(2.) Heard Sri K.D. Tiwari, 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, in brief, as unfolded during trial, is that on 29.8.2011 at 10.45 A.M. a report was lodged at P.S. Patwai, district Rampur by the complainant Sukhpal, father of the prosecutrix, with the allegations that on 25.8.2011 at about 2.00 P.M., when the complainant and his wife had gone to Bagar (Rajasthan) for some religious purpose and his 15 years old daughter (prosecutrix) was lying down in the courtyard of his own house, the accused-appellant entered into his courtyard from where he took her inside the room and forcibly committed rape on her. When his daughter raised alarm, the witnesses Ram Phool and Rajpal reached on the spot and saved his daughter. Thereafter the accused ran away from the spot threatening the witnesses to kill them. When the informant and his wife returned from Bagar, his daughter told him about the incident and on the basis of the information given by his daughter, the informant lodged the F.I.R.