Daya Shankar Tripathi, J. - (1.) Heard Sri Atul Kumar Singh learned counsel for the appellant-accused, learned AGA and perused the material placed on record.
(2.) Appellant has assailed the judgment and order dated 12.06.2013 passed by Additional Sessions Judge, Court No. 2, Firozabad in S.T. No. 22 of 2010 (State of U.P. Vs. Amit Kumar) arising out of Case Crime No. 614 of 2009, under Section 376 IPC and Section 3(2)5 S.C./S.T. Act, P.S. South, District Firozabad, by which the appellant has been acquitted under Section 3(2)5 S.C./S.T. Act, but he has been convicted under section 376 IPC and sentenced to imprisonment of ten years and fine of Rs. 5,000/- (in default of payment of fine, two months additional imprisonment).
(3.) In the present judgment, I do not propose to mention the name of the victim girl in view of the provisions of Section 228A I.P.C. and in pursuance of the observations made by the Hon'ble Supreme Court in para-4 in the case of State of Himachal Pradesh vs. Shree Kant Shekari, 2004 AIR(SC) 4404 the prosecutrix (hereinafter referred to as 'victim').;