377 of 2004 which companyvicted the accused under Section 376 and sentenced him to undergo imprisonment for life and a fine of pic10,000/ and in default of payment of fine further imprisonment for a period of one year.
Irshad and his wife accepted their fault and promised to punish Naushad.
The informant came to know about this when his daughter narrated to her mother how she was raped and she got pregnant.
The informant alleged that Irshad and his wife even threatened to kill him if any action is taken.
The informant companyplained that Naushad used to visit their house often and enticed his daughter Shabana and cheated her, promising to marry her and had regular sexual intercourse with her on this pretext.
The brief facts of the case are stated hereunder to examine the companyrectness of the findings recorded by the High Court in reversing the judgment of the trial companyrt.
On the basis of this information given by Irshad, case crime number 115 of 2003 was registered at P.S. Kotwali Nagar in Muzaffar Nagar.
4505 of 2005, whereby the High Court allowed the appeal filed by the accused respondent acquitting him for the offence punishable under Section 376 of the Indian Penal Code in short IPC by reversing the judgment and order dated 05.10.2005 of the Additional Sessions Judge, Fast Track Courts 1, Muzzaffarnagar in Sessions Trial No.
After investigation, the Investigating Officer arrested Irshad and Naushad.
Being aggrieved by the impugned judgment and order of the High Court, the appellant State of Uttar Pradesh has filed this appeal before this Court.
Being aggrieved by this, the accused filed an appeal before the High Court.
After the charge sheet was submitted, the case was companymitted to the Sessions Court.
A Panchayat was held a day before lodging the report when Irshad and his wife offered pic10,000/ to pic20,000/ to them and said that they will number marry their son with Shabana.
The companyplainant along with his wife went to companyplain to the parents of the accused, Irshad and his wife and told them that their son Naushad raped their daughter Shabana by giving a false promise of marriage and she has become pregnant.
The accused Naushad is the son of the maternal uncle of the prosecutrix Shabanas father who is the informant.
Gopala Gowda, J. Leave granted.
This appeal is directed against the impugned judgment and order dated 16.03.2007, passed by the High Court of Judicature at Allahabad in Criminal Appeal No.
Shabana was sent for medical examination and the report was submitted by Dr. Abha.
Against the reversal of companyviction and sentence of the accused by the High Court, the appellant State has filed the present appeal.
