CRIMINAL APPEAL No. 2465 of 2010 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 2465 of 2010 Shahid .....Appellant(s) Versus State of U.P. .....Respondent(s) Counsel for Appellant(s) : Brij Raj Singh, Prem Shanker Tiwari Counsel for Respondent(s) : Govt. Advocatetheir Court No. - 42 HON'BLE SIDDHARTHA VARMA, J. HON'BLE PRASHANT MISHRA-I, J. 1. Heard Sri Aushim Luthra, learned Amicus Curiae for the appellant, Sri Muniraj Mehrotra, learned A.G.A. for the State and perused the material available on record. 2. The instant criminal appeal has been preferred against the judgement and order dated 07.04.2010 passed by Additional Sessions Judge, Court No. 7, Etah, in Sessions Trial No. 1026 of 2008 (State of U.P. Vs. Shahid), arising out of Case Crime No. 351 of 2008, Police Station- Ganjdundwara, District- Kanshiram Nagar, whereby appellant- Shahid, has been convicted and sentenced to imprisonment for life and fine of Rs. 20,000/-, for the offence under Section 376(2)(f) I.P.C. and in default of payment of fine, two years of additional imprisonment. 3. When an offence under Section 376 of I.P.C. was committed viz-a-viz a small child of two and a half years on 24.08.2008 at 9 am then an FIR was lodged at 10:30