MOHD IRSHAD @ PAPPU Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Harish Chandra, learned counsel for the revisionist and Sri Dharmendra Singh, learned Additional Government Advocate for the State-respondent.

(2.) The present revision has been preferred seeking to challenge the judgment and order dated 24.3.2003 passed by the Additional Sessions Judge, Court No.15, Lucknow in Criminal Appeal No.63 of 2002 inre: Irshad alias Pappu vs. State of U.P.

(3.) The facts of the case reveal that a complaint was lodged on 13.3.1992 at 21.40 hours by the complainant Ram Pal at Police Station Hazratganj, Lucknow that his son Durgesh, while picking Shahtoot from 6, Park Road, Vidhayak Niwas at 1.00 P.M. was enticed by Sanjay son of Om Das resident of 4-A, P.W.D. Colony, Hazratganj, Lucknow and taken to his room. Upon entering the room, the door was closed from inside and the revisionist Pappu son of Kalam, who was already present in the room, sexually assaulted Durgesh. On the basis of the said complaint, the F.I.R. was lodged under Sections 377, 342 and 323 of the I.P.C. and the same was registered as Case Crime No.309 of 1992. During this period, the victim Durgesh was sent for medical examination. After investigation charge-sheet was filed in the court.