MUNNAOUR @ JHANNAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal by special appeal arises out of a judgment and order dated 21.12.2004 passed by the High Court of Allahabad whereby Criminal Appeal No. 232 of 1994 filed by the Appellant and two others against their conviction for offences punishable under Sections 376 and 366 of the Indian Penal Code (for short 'the Indian Penal Code') and sentence of rigorous imprisonment for 10 years under the former and 7 years under the latter provision, has been dismissed. Briefly stated the prosecution case is that Km. Kamini (PW-3), aged about 14 years had on 7.10.1988 around 7.30 pm, gone to answer the call of nature, when the Appellant allegedly came from behind, gagged her mouth by Angochha, brandished a knife and forced her towards a room besides a hospital in the locality. From there the Appellant took her to accused Sudhir's Coal depot, where she was pushed on to a cot and raped by the Appellant. Sudhir, Raj Kumar salesman and Raj Kumar Halwai also took turns to ravish the victim. She resisted but in vain and got hurt because of the breaking of her bangles. Next day, she is alleged to have come out of the room on the pretext of answering the call of nature, escaped and reached home to narrate her woeful experience to her parents. PW-1, Amar Chand, father of the prosecutrix then lodged a report with the police, who registered a case for offences punishable under Sections 366 and 376 of the Indian Penal Code against the accused persons.

(2.) The accused were committed to Sessions Court at Sultanpur where they pleaded not guilty and claimed a trial. At the trial, the prosecution examined as many as 9 witnesses including the investigating officer. Those examined included PW-1, Amar Chand-father of the prosecutrix, PW-2, Rajkumari mother of the prosecutrix, PW-3, Km. Kamini the prosecutrix herself, PW-4, Dr. Talab Jahan, Medical Officer, PW-5, Modh Basheer, PW-6, Dr. Suman Bajpai, Medical Officer, PW-7, Dr. V.K. Verma, Senior Radiologist and PW-8, Dr. Lalitha S. Pillai. The Sessions Judge eventually came to the conclusion that the prosecution had proved the case against the accused persons beyond a reasonable doubt and accordingly convicted the Appellant for offences mentioned earlier and sentenced him to undergo rigorous imprisonment for a period of 10 years under Section 376 of the Indian Penal Code and 7 years under Section 366 of the Indian Penal Code. The sentences were directed to run concurrently. Two other accused persons who were put on trial along with the Appellant were also convicted and sentenced for the offence of rape.

(3.) Aggrieved by the judgment and order passed by the Sessions Court, the Appellant preferred Criminal Appeal No. 232 of 1994 along with the co-accused, which appeal was heard and dismissed by the High Court in terms of its order dated 21.12.2004, under challenge in the present appeal.