MOHAMMED FAROOQ ABDUL RAUF Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY means of this Criminal appeal, the appellant is challenging the judgment and order of conviction and sentence passed by learned 1st Ad-hoc Additional sessions Judge, Achalpur, Dist. Amravati in sessions Trial No. 3/2008 decided on 27th june, 2008. The appellant was found guilty of the offence punishable under section 376 (2) (f)of the IPC and sentenced to suffer R. I. for ten years and to pay a fine in the sum of Rs. 500/-in default, to suffer further simple imprisonment for three months.

(2.) THE case of the prosecution, in nutshell, can be summarized as under : at Asegaon Police Station, Dist. Amravati, First Information Report was lodged by Baby Nandne (PW5) reporting offence of rape upon her daughter, by name, Shital (PW6), aged about 8 years old, studying in II standard, giving rise to registration of Crime no. 79/2007 lodged on 25. 9. 20007 against mohammed Farooq (appellant), alleging that he had committed rape upon Shital by taking her to a bathroom of an adjacent house. After completion of investigation, the appellant was charge-sheeted under sections 376 (2) (f) and 506 of the Indian Penal Code before the learned judicial Magistrate, First Class, Chandur Bazar. The case was committed for trial to sessions Court at Achalpur.

(3.) THE charge was framed on 5. 2. 2008 under sections 376 (2) (f) and 506 of the IPC to which the appellant pleaded not guilty and claimed to be tried.