ANNU KANANOJIA Vs. STATE OF U.P.

JUDGEMENT

(1.) Feeling aggrieved with the judgment and order dated 29.9.2008 passed by learned Additional Special Chief Judicial Magistrate, C.B.I. (Ayodhya Matter), Lucknow in Criminal Case No.502 of 2007 arising out of Crime No.8 of 2007, under Sections 342, 377 and 506 I.P.C., Police Station Mahanagar, District Lucknow, the appellant Annu Kananojia filed this appeal, whereby learned Special Additional Chief Judicial Magistrate held guilty to the appellant accused and punished him under Section 377 I.P.C. six years rigorous imprisonment and fine of Rs.4000/-, under Section 342 I.P.C. one year rigorous imprisonment and under Section 506(2) I.P.C. two years rigorous imprisonment and fine of Rs.1,000/-. It was further ordered that in default of payment of fine accused appellant shall serve additional one year simple imprisonment under Section 377 I.P.C. and two months simple imprisonment under Section 506(2) I.P.C.

(2.) Facts of the case of prosecution may be summarized as under:

(3.) After registration of the crime, the matter was investigated by Sri Ram Surat Gautam, Sub Inspector who arrested the accused persons and collected the cloths from the thatched house on 6.1.2007 and prepared site plan Exhibit Ka-3. The complainant was examined on 6.1.2007 by P.W.-4 Dr. Javed Ahmad Khan who proved medical report Exhibit Ka-8 and stated on oath that at the time of medical examination there was one injury upon the anus of the complainant.