NIRMAL KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Rama Niwas Pathak, learned Counsel for the appellant and Shri Vimal Kumar Srivastava, learned Additional Advocate General alongwith Shri Raj Deep Singh, learned A.G.A-I for the State.

(2.) This is an appeal under Sec. 374 (II) of the Cr.P.C. against the judgment and order dtd. 5/10/2018 passed by Additional Sessions Judge/ Fast Track Court-I, Faizabad in Sessions Trial No.46 of 2011; State vs. Nirmal Kumar arising out of Case Crime No.768 of 2010 convicting the appellant Nirmal Kumar for the offence under Sec. 376 IPC and sentencing him to undergo rigorous life imprisonment along with a fine of Rs.50,000.00, and in default of payment of fine, to undergo one year additional imprisonment.

(3.) The prosecution case in nutshell is that father of the victim had gone out in connection with work for about a week. His mentally challenged daughter, aged about 14 years, was alone in the house. The neighbour (appellant Nirmal Kumar) enticed her (the victim) to his house and raped her. He also extended death threats to her. When the father returned to his house a day before lodging of the FIR, his daughter informed him about the rape. On the date of lodging of FIR the father had gone to Tehsil Rudauli. He returned to his house at 4 p.m., by then, his daughter had died. The incident of rape is of 20/9/2010. An FIR (Ex.Ka-5) was lodged against the appellant for the offence under Ss. 376, 302, 506 IPC, on 23/9/2010.