- (1.) The instant appeal filed on behalf of the accused-appellant is directed against the judgment and orders dated 4th April, 2013 passed by Sri Sushil Kumar, Additional Sessions Judge/Special Judge, Bijnor in ST No. 68 of 2012 (State Vs. Iqbal) whereby the appellant was convicted under section 376 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs. 50,000/-, 80% of the fine was directed to be paid to the victim.
(2.) Heard Sri Rajiv Sahani, Advocate learned counsel appearing for the appellant, Sri Shailendra Singh Rathore, Advocate, learned AGA for the State-respondent and perused the record.
(3.) The facts giving rise to the present appeal may be summarized as under: That on 2nd July, 2011 at 1 p.m. when Anvari along with her 13 years daughter Samarjahan was returning home from the jungle after cutting and collecting grass, her daughter legged behind her on the way. Iqbal and one other person were already standing on the way. They caught her daughter and on the point of country made pistol took her in a sugarcane field and raped her. When her daughter did not reach home, she made search for her. Her daughter was found in a dishevelled and disturbed condition on the side of the field. On inquiry she told about the occurrence and conveyed the threat given by the accused persons. Smt. Anwari gave a written report of this occurrence on 5th July, 2011 at 7.10 A.M. at police station Heempur, District Bijnor.;