- (1.) U. S. Tripathi, J. This revision has been directed against the judgment and order dated 3-7-84 passed by HI Addl. Ses sions Judge, Kanpur in Criminal Appeal No. 12-M of 1984, dismissing the appeal of the applicant and confirming his convic tion under Section 377 IPC and sentence of six months RI and fine of Rs. 400 gassed by Metropolitan Magistrate, Kanpur Nagaron 18-1-84 in Criminal Case No. 754 of 1981.
(2.) THE prosecution story, briefly stated, was that on 28-4-81 at about 5. 00 p. m. Deepak P. W. 1 a boy of about 7 years of age had gone to ease at Nahamva. THE applicant Nawab Singh met him there. He took the victim to a house which was vacant and there he committed unnatural offence (sodomy) on him. THE boy raised alarm and the applicant gagged his mouth and after committing offence he ran away. THE boy remained there lying semi-uncon scious on the ground and when he started weeping Kanhaiya came there and took him to his shop and informed his uncle Bhag Chand P. W. 2 who lodged the report of the occurrence at police station Juhi. On the basis of the report a case under Section 377 1pc was registered against the accused-applicant. THE boy was sent for medical examination and the doctor prepared a medical report. THE police after investigation submitted a charge sheet against the applicant. The applicant was tried for the offence punishable under Section 377 IPC. He denied the prosecution allegations and contended that he was falsely implicated. The prosecution in support of its case examined Deepak, P. W. 1, Bhag Chand, P. W. 2, Shanti Swamp, P. W. 3, Maiku, P. W. 4 and Dr. H. N. Sharma, P. W. 5. The learned Magistrate on considering the evidence of the prosecution held that prosecution has successfully proved the guilt of the applicant for the offence punishable under Section 377 IPC. With this finding he convicted and sentenced the applicant as mentioned above.
(3.) AGGRIEVED with the above convic tion and sentence the applicant filed Criminal Appeal No. 12-M of 1984. The appeal was heard by IIIrd Addl. Sessions Judge, Kanpur, who vide his order dated 3-7-84 held that on considering the entire evidence and facts and circumstances of the case the lower Court has rightly con victed the appellant under Section 377 IPC. Accordingly he dismissed the appeal. The above order of the appellate Court has been challenged in this revision.;