AMAR BAHADUR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The respondents have been served but they are not represented before us.

(2.) As per the prosecution story on the 2nd April, 1989 at about 11.45 p.m. the prosecutrix, the daughter in law of Santu, was sleeping in her in laws' house along with her daughter and other family members. Her husband was however away to the Punjab in connection with his employment. On an alarm raised by the prosecutrix all those at home woke up and saw that the appellant was committing rape on the prosecutrix. The appellant was accordingly apprehended on the spot with the help of a police party which was passing close by. It was also noticed that the prosecutrix was bleeding from her private parts. The appellant was accordingly brought to the police station where a report was lodged and a case under Section 376 of the IPC was registered.

(3.) The Trial Court relying on the evidence of PW.1 the prosecutrix, PW.2 Santu, her father-in-law, and PW.6, her sister-in-law, held that the case against the accused was made out and accordingly sentenced him to undergo R.I. for seven years. The matter was thereafter taken in appeal to the High Court and the High Court while observing that the facts of the case indicated that the prosecutrix was a consenting party thought that in the circumstance it was a fit case where the sentence ought to be reduced from seven to five years. The appeal was nevertheless dismissed with the reduction in the quantum of sentence. This appeal by way of special leave is now before us.