NAKE PAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Sukhvir Singh, learned counsel for the appellant and learned AGA and perused the record.

(2.) Appellant has assailed the judgment and order dated 05.04.2013 passed by the Special Judge (E.C. Act)/Additional Sessions Judge, Bareilly in Sessions Trial No.1249 of 2010 (State Vs. Nake Pal and another) arising out of Case Crime No.603 of 2010, under Sections 376/120-B/506 I.P.C., Police Station Bhamaura, District Bareilly, by which appellant has been convicted and sentenced under Section 376 I.P.C. with rigorous imprisonment of ten years and fine of Rs.10,000/- (in default of payment of fine, six months additional imprisonment), under Section 506 I.P.C. with rigorous imprisonment of three years.

(3.) 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').