- (1.) Heard learned counsel for the appellant, learned A.G.A. for State and perused the lower court record.
(2.) This Criminal Appeal has been preferred against the judgment and order dated 07.09.2016 passed by Additional Sessions Judge, Fast Track Court No. 1, Aligarh, in Sessions Trial No. 933 of 2010 (State vs. Puneet and Others) convicting and sentencing the appellant to 5 years rigorous imprisonment and a fine of Rs. 5,000/-, on failure to deposit the fine to undergo three months additional imprisonment under Section 366 I.P.C. and sentenced to 7 years rigorous imprisonment and a fine of Rs. 10,000/-, on failure to deposit the fine to undergo four months additional imprisonment under Section 376 I.P.C.
(3.) Prosecution case, in short, is that on 03.10.2009 at about 5:00 p.m in the evening minor daughter of informant (hereinafter referred to as 'victim') aged about 15 years had gone to collect cow dung. In the field of Janki Prasad, appellant, Puneet, was sitting and he forcibly dragged the victim to the field and raped her. When she screamed his son, Chintu Singh, aged about 17 years, who was going to his field on bicycle reached the scene of incident, where the appellant after threatening his son on gun point escaped. His daughter came to the house and informed about the entire incident. Six months ago the appellant had tried to rape the victim, report whereof was registered at Police Station- Pali Mukimpur on 26.03.2009. The informant informed, Nandan and Kanchan and then accuseds, Yashpal and Khushi Pal and other persons entered his house and threatened his son, Chintu Singh, of life and beaten him. When the informant protested Yashpal Singh pointed his country made pistol and abusing him stated that he will see how they will go to lodge the report since he will not permit him to reach there.;