JUDGMENT :

Anil Kumar Ojha, J.

Heard Sri Shyamu Shukla, learned counsel for the appellant, Sri Rupak Chaubey, learned A.G.A. for the State and perused the records.

2. Challenge in this criminal appeal is the judgment and order dated 19.6.2015 passed by Additional Sessions Judge, Court No. 5, Ghazipur in Special Criminal Case No. 32 of 2014 (State v. Sarvjeet @ Shashi Kapoor) arising out of Case Crime No. 213 of 2014 under Sections 376, 323 I.P.C. and 3/4 P.O.C.S.O. Act, P.S.-Bhawarkol, District-Ghazipur, whereby the learned Additional Sessions Judge, Court No. 5, Ghazipur has convicted appellant Sarvjeet @ Shashi Kapoor under Section 376 I.P.C read with Section 4 P.O.C.S.O. Act and sentenced him 10 years imprisonment and Rs. 10,000/- fine; under Section 323 I.P.C., one year imprisonment. In case of default in payment of fine, six months additional imprisonment has been awarded.

Above sentences have been ordered to run concurrently.

3. Tersely put the prosecution case is that complainant Shailendra Ram lodged an F.I.R. on 3.5.2014 at 11:15 hours at P.S.- Bhawarkol, District-Ghazipur stating therein that on 2.5.2014 at about 7:00 hours in the evening when complainant had gone out for labo