PAN SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri. Noor Moham-mad, learned counsel for the appellant and learned A.G.A. for the State.

(2.) This criminal appeal has been preferred against the judgment and order dated 5.8.2015 passed by the Additional Sessions Judge, F.T.C., Kasganj in S.T. No. 159 of 2011 convicting the appellant under section 376, I.P.C. and directing him to undergo rigorous imprisonment of seven years along with fine of Rs. 10,000/-. On failure to deposit the fine to undergo three months additional simple imprisonment.

(3.) The prosecution case, in short, is that informant Shanker Lal gave an application dated 16.2.2011 at police station stating that at 12.30 in the night his daughter (hereinafter referrer to as "victim") had gone to ease herself in the field where Pan Singh, the appellant, on gun point caught her and took her in his house. After some time he awoke and found that his daughter is not on her cot. When after sometime she did not came back he went to his wife and after awaking her went in her search. He informed the members of his family and people of the locality. On the basis of suspicion he went to the house of the appellant along with family members and found that his room was locked. When he along with Vinod, Raghubir and Ramesh and his wife asked him to open the door he did not opened the same but when they persisted he scaled the wall of his house after opening the door with pistol in his hand and ran away. In the room his daughter was found who informed that when she was going to ease herself, Pan Singh threatened her on pistol point and after bringing her to his room forcibly raped her. The aforesaid application was registered as case crime No. 45 of 2011 at P.S. Shirpura, District Kasganj. The investigating Officer conducted the investigation and submitted charge sheet.