Pratyush Kumar, J. - (1.) The instant appeal filed on behalf of the accused/appellant is directed against the judgment and orders dated 15.9.2015 passed by Sri V.K. Singh (H.J.S.) Additional Sessions Judge/F.T.C., Gautam Budh Nagar in Session Trial No. 427 of 2013 (State v. Sripal) arising out of Case Crime No. 66 of 2013 under section 376, 380, 451 IPC whereby, the appellant has been convicted under sections 376, 380, 451 IPC and sentenced to undergo, rigorous imprisonment of ten years and to pay fine of Rs. 50,000/-, rigorous imprisonment of three years and to pay fine of Rs. 2,000/- and rigorous imprisonment of two years and to pay fine of Rs. 1,000/-, respectively. In default of payment of fines to further undergo imprisonment of six months, two months and one month on three counts, respectively.
(2.) Heard Sri Sanjay Kumar Singh, learned counsel for the appellant and Sri V.P. Singh Kashyap, learned AGA for the State-respondent and perused the record.
(3.) Facts giving rise to the present appeal may be summarized as under: That on 9th February, 2013 at 2 p.m. Praveen Kumar R/o village Bhikhampur gave a written report at P.S. Raghupura stating therein that in the night of 15th February, 2013 at about 10 p.m. accused Shripal r/o village Gowala finding her mother victim aged about 60 years alone in the house committed forcible rape with her. While leaving he also took her mobile 8937056044. With the help of call details his whereabouts were traced at his sasural. Till that day, they were collecting information and fearing humiliation, did not come to the police. Request was made for suitable action. At this check FIR was scribed, case crime no. 66 of 2013 under sections 376, 457, 380 IPC was registered at P.S. Raghupura, District Gautambudh Nagar and investigation was entrusted to S.I. Mahesh Rathore who immediately started investigation, searched for the accused, recorded the statements of the first informant and other witnesses, inspected the spot, obtained the medical evidence and submitted the charge sheet. The appellant stood for trial before the Court of Session, where he was charged under sections 326, 380, 457 IPC. On his denial he was tried, found guilt and punished as above.;