SHYAM SHANKAR TIWARI, J. - (1.) HEARD learned Counsel for the appellant Mukhtayar Ahmad and learned AGA.
(2.) OBJECTIONS filed by the State is taken on record. Prayer for bail has been made by appellant Mukhtayar Ahmad in Crl. Ap­peal No. 5633 of 2009 as he has been con­victed by learned Addl. Sessions Judge, Saharanpur under section 376 IPC and sentenced to undergo life imprisonment along with fine of Rs. 5000/- and in default to undergo further imprisonment of six months. He has further been convicted un­der section 506 IPC and sentenced to one year RI in S.T. No. 105 of 2008 relating to P.S. Mandi District Saharanpur.
(3.) PROSECUTION case in brief is that victim Km. Fatima is the daughter of the appellant Mukhtayar Ahmad. About 10 years back he had divorced his wife and by a Judicial order got the custody of the vic­tim and her brother Bilal who were minors at that time. In due course of time when the victim grew up, the appellant repeatedly committed rape on her after threatening to kill her. Ultimately the victim contacted her Mamu on telephone who came to the house of the appellant and after being acquainted with the facts he took away the victim and her brother Bilal with him and subse­quently FIR was registered against the appellant at the police station concerned on the information given by her Mamu. After investigation charge-sheet was submitted against the appellant under section 376 and 506 IPC.;