SHIV PAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Deepak Kumar Srivastava, learned counsel for appellant, learned AGA and perused the record.

(2.) Appellant has assailed the judgment and order dated 07.08.2012 passed by the Sessions Judge, Pilibhit in Sessions Trial No.484 of 2011 (State Vs. Shiv Pal) arising out of Case Crime No.1029 of 2011, under Sections 376, 506 I.P.C., Police Station Pooranpur, District Pilibhit, by which appellant has been convicted and sentenced under Sections 376 I.P.C. with rigorous imprisonment of ten years and fine of Rs.3,000/- (in default of payment of fine, two months' additional simple imprisonment) and under Section 506 I.P.C. with simple imprisonment of one year and fine of Rs.1,000/- (in default of payment of fine, one month's additional simple imprisonment).

(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').