- (1.) THIS appeal has been pre ­ferred against the judgment and order dated 10th March, 2003, passed by the High Court of Allahabad (Lucknow Bench), acquitting the respondent of the charges under Section 376, IPC, for which the respondent stood convicted by the trial court and he had been awarded Rigorous Imprisonment for seven years. The respondent has been convicted by the High Court under Section 354, IPC and awarded the sentence as already undergone.
(2.) AS per the Prosecution, the prosecutrix who was only 17 years of age at the relevant time had been raped by the respondent on 30th September, 1992, when she had gone for work ­ing in the agricultural fields wherein the re ­spondent, Ranjit Ram alias Khurpanchi had taken her inside the sugarcane field under the pretext to help him to pick up the bundle of grass. When she did not return home in the evening, the informant, her mother Janak Dulari, PW.3 along with other persons went to search for her and after hearing the noise near the sugarcane field, she entered into the field and found her lying unconscious. The prosecutrix was taken back home by her mother with the help of other persons. Her father was not at home, on the said day. The complainant went to the police station on the next day and filed the FIR under Section 376, IPC against the respondent. After completion of the investigation, the charge sheet was filed against him under Section 376, IPC, for which he denied the charges and pleaded not guilty. Thus, he was put to trial. After conclusion of the trial, the court convicted the respondent for the offence punishable under Section 376, IPC and awarded him to undergo rigorous im ­prisonment for seven years vide judgment and order dated 25th March, 1994. Being aggrieved, respondent preferred Criminal Appeal No. 124 of 1994, before the Allahabad High Court (Lucknow Bench), which has been allowed to the extent that the respondent was acquitted for offence under Section 376, IPC and convicted under Section 354, IPC and sentenced for the period already undergone. Hence, this appeal by the State.
(3.) MR . Ameet Singh, learned counsel appear ­ing for the State of U.P. has submitted that the well reasoned judgment and order of the trial court has been set aside by the High Court without giving any valid reason or considering the finding of fact recorded by the trial court.;