- (1.) Challenge in this appeal is to the judgement and order dated 1.7.2015 passed by Additional Sessions Judge, Fast Track Court, Agra in S.T. No. 661 of 2012 (State Vs. Daya Ram @ Rahul Kanvar) arising out of Crime No. 939 of 2011, under Sections 307, 323, 376/511 I.P.C., Police Station -Sadar Bazar, District -Agra, whereby the accused Dayaram found guilty and was sentenced to 5 years rigorous imprisonment, under Section 307 I.P.C. coupled with fine of Rs. 10,000/ - and 4 years rigorous imprisonment under Section 376/511 I.P.C. coupled with fine of Rs. 8,000/ -with default stipulation.
(2.) Filtering out unnecessary details, the case of the prosecution is that a written report was lodged by Pooran Lal Shah stating that on 5.9.2011 his daughter had gone to take tuition of some children at K.B. Line at 2:30 hrs in the day time. She was taking tuition from one and half year prior to the incident.
(3.) On 5.9.2011, somebody assaulted the victim. Thereafter she was admitted in the S.N. Hospital and when information was given, the uncle of the victim reached S.N. Hospital. The victim named Rahul, who lives near the cycle stand, and thereafter she fainted. Hence, the F.I.R. was lodged.;