RAM PRAVESH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Kamta Prasad learned amicus curiae for the accused-appellant as well as learned Additional Government Advocate and perused the record.

(2.) In the present judgment, I do not propose to mention the name of the victim girl in view of the provisions of Section 228A I.P.C. and in pursuance of the observations made by the Hon'ble Supreme Court in para-4 in the case of State of Himachal Pradesh vs. Shree Kant Shekari, 2004 AIR(SC) 4404 the prosecutrix (hereinafter referred to as 'victim').

(3.) The present criminal appeal is directed against the judgment and order dated 20.07.2006 passed by Additional Sessions Judge, Fast Track Court No. 4, Varanasi in Session Trial No. 1008 of 2004 (State vs. Ram Prasad Yadav), under Sections 363 and 376 I.P.C., Police Station Ram Nagar, District Varanasi. By the impugned judgment learned trial Court has convicted the accused-appellant under Section 363 I.P.C. and sentenced him to undergo simple imprisonment for five years along with a fine of Rs. 1,000/-. Accused-appellant has also been convicted under Section 376 I.P.C. and sentenced him to serve simple imprisonment for eight years along with a fine of Rs. 2,000/-. Learned trial Judge has further directed that both the aforesaid sentences of the accused-appellant shall run concurrently.