RAM AWADH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Sarvesh Kumar Dubey, learned counsel (Amicus Curiae) for the appellant, learned AGA and perused the record.

(2.) Appellant has assailed the judgment of conviction dated 16.09.2015 and order of sentence dated 18.09.2015 passed by the Additional District Judge (Fast Track Court), Sant Kabir Nagar in Sessions Trial No.159 of 2012 (State Vs. Ram Awadh) arising out of Case Crime No.572 of 2012, under Sections 376 and 506 I.P.C., Police Station Dhanghata, District Sant Kabir Nagar, by which appellant has been convicted under Sections 376 and 506 I.P.C. and sentenced to seven years rigorous imprisonment and fine of Rs.50,000/- under Section 376 I.P.C. and sentenced to five years simple imprisonment and fine of Rs.5,000/- under Section 506 I.P.C., (in default of payment of fine one year additional 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').