MANGAL GIRI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Sarvesh Chandra Mishra, learned Amicus Curiae appearing on behalf of the appellant and Ms. Anjum Haq, Ms. Anita Srivastava, Sri Sagir Ahmad and Sri Gautam Pratap Singh, learned A.G.A. for the State.

(2.) This appeal is directed against the judgement and order dated 17.12.2009 passed in Sessions Trial No.627 of 2009 (Case Crime No.36 of 2009), under Section 376 [1] I.P.C., Police Station Shikarpur, District Bulandshahar, whereby the accused-appellant has been convicted for life imprisonment with a fine of Rs.20,000/- out of which half of amount shall be paid to the victim as compensation and in case of default in payment of fine the accused-appellant shall further undergo imprisonment of twenty months.

(3.) Brief facts of the prosecution case are that on 27.2.2009 in afternoon at around 3 o'clock, Mangal Giri, Baba of temple of village concerned had raped niece of the first informant Mukesh namely Km. Saroj D/o Shankar Lal r/o Jaanipur Kalan, a minor girl, after calling her in a room of the temple while she was playing alone outside the temple. The Baba, thereafter, fled away. When the informant visited his cousin Smt. Rani's house, he came to know about this occurrence and he further inquired from children and villagers who reported that they had seen the incident. His brother-in-law (father of the victim) had gone to work as labour. He took his niece Saroj-victim smeared in blood to his sister's house from the temple.