SAJID Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ashok Kumar Nigam, learned counsel for the appellant, Sri Manu Raj Singh and Smt. Alpana Singha, learned A.G.A. for the State of U.P. and perused the record.

(2.) This criminal appeal has been preferred against the judgment and order dated 20.02.2019, passed by Special Judge (POCSO Act)/ Ist Additional District Judge, Rampur, in Special Trial No. 46 of 2018, arising out of Case Crime No. 5/2018, under Section 377 IPC and Section 4 POCSO Act, PS Tanda, District Rampur, whereby the accused-appellant has been convicted and sentenced for the offence under section 377 IPC for ten years rigorous imprisonment and Rs. 15,000/- fine and in default of fine six months additional imprisonment and under section 4 POCSO Act for seven years imprisonment and Rs. 10,000/- fine and in default of fine four months additional imprisonment. It has further been directed by the trial court that both the sentences shall run concurrently.

(3.) Brief facts of the case are that on 29.12.2017, an 11 years old son of informant Mohd. Irfan had gone to Lalpur Market by his Atlas Cycle for taking some goods with Rs. 200/-. Till the late evening, he came back and told that his cycle and money were taken by accused Sajid and he sexually abused him in a sugarcane field. The incident was seen by one Mohd. Yakub of his village and he took back the child in faint condition. The child was provided treatment. On the basis of the written application, FIR was registered against the accused-appellant.