STATE OF U P Vs. MUNNI LAL

JUDGEMENT

(1.) Leave granted.

(2.) The respondent was convicted for the offence u/s. 376 of the India Penal Code and sentenced to seven years' rigorous imprisonment by the judgement and order of the Sessions Court, which has been set aside by the High Court by the impugned judgment, dated 3.03.2003, by simply observing, without any discussion on evidence whatsoever, that the medical evidence does not support the prosecution theory that the girl in question was subjected to rape. The impugned judgment, however, states that the evidence shows that the accused did make an attempt to outrage the modesty of a woman and, therefore, he committed an offence u/s. 354 of the Indian Penal Code. In this view, the High Court has set aside the conviction u/s. 376 of the Indian Penal Code and convicted the respondent u/s. 354 of the Indian Penal Code and sentenced him to undergo imprisonment for the period already undergone and to pay a fine of Rs. 5000.00 and, in default, to further undergo rigorous imprisonment for six months.

(3.) The manner in which the criminal appeal has been decided by the High Court is most unsatisfactory. For the serious and heinous crime of rape, the judgement of the Court of Session has been reversed without adverting to the evidence at all by general observations made in one paragraph of the impugned judgment.