Daya Shankar Tripathi, J. - (1.) Heard learned counsel for the appellant, learned AGA for the State and perused the record.
(2.) Appellant has assailed the judgment and order dated 22.09.2014 passed by the Additional Sessions Judge, Court No. 7, Gorakhpur in Sessions Trial No.240 of 2007 (State Vs. Chhatradhari Yadav) arising out of Case Crime No.323 of 2007, under Section 376 I.P.C., Police Station Badhalganj, District Gorakhpur, by which appellant has been convicted and sentenced under Section 376 I.P.C. with rigorous imprisonment of ten years and fine of Rs.10,000/- (in default of payment of fine, six 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').;