ARVIND Vs. STATE O

JUDGEMENT

(1.) R. K. Rastogi, J. This is an appeal against judgment and order dated 1. 3. 2006 passed by Sri Nisamuddin, then learned Addl. Sessions Judge, Fast Track Court No. 1, Budaun in Sessions Trial No. 161 of 2005, State v. Arvind, under sections 376 and 506 I. P. C. of police station Jarif Nagar, Budaun.

(2.) THE facts giving rise to this appeal are that on 1. 9. 2004 at about 3. 10 P. M. Sri Kallu resident of village Nadha police station Jarif Nagar district Budaun lodged F. I. R. against accused appellant Arvind with these allegations that on 30. 8. 2004 his son Deoki had gone to police outpost and when he did not return back his daughter Laxmi aged about 8 years went to the police outpost to see him. THE accused Arvind met her near bus stand and he after showing pistol to Laxmi and threatening to kill her took her" in his lap and carried her below a tree and ravished her. THEreafter he threw her near Atal School and went away. Kallu could not go to police station due to fear of the accused and on 1. 9. 2004 on getting opportunity, he went to the police station and lodged the report. He further stated that clothes which were worn by Laxmi at the time of incident had been washed.

(3.) SRI Chaitanya Kumar Kulshrestha, Addl. District & Sessions Judge, Court No. 10, Budaun, to whom the case was transferred for trial, framed charges against Arvind under sections 376 and 506 I. P. C. The accused pleaded not guilty and claimed trial.