STATE OF UTTAR PRADESH Vs. HARISH CHANDRA MISHRA

JUDGEMENT

(1.) The State of U.P. has preferred this appeal against the judgment and order dated 9-12-1994 passed by 3rd Additional Sessions Judge, Ghazipur in Sessions Trial No. 12 of 1993 acquitting the respondent of the offences punishable under Section 377 read with 511,307 and 325, I.P.C.

(2.) The prosecution story, briefly narrated, was that Rakesh Kumar Singh (PW 1) resident of village Gaurahat, P.S. Khanpur, District Ghazipur was a student of B.A. Part I in Harishchandra Degree College, Varanasi. His elder brother Vijai Bahadur Singh was working in coal mines in district Dhanband (Bihar). On 2-7-1989 Rakesh Kumar Singh (PW 1) had come from his village to Varanasi for sending the wife of Vijay Bahadur Singh and his children to Dhanbad. After seeing off his bhabhi and her children from Dhanband Ludhiana express at Varansi Cant. Railway Station, he boarded Varanasi Bhanati fast passenger at 2.30 a.m. for going to Aurihar. The compartment in which Rakesh Kumar Singh (PW 1) boarded was full to its capacity. He was standing in gallery of the compartment. When the train reached at Railway Station Sarnath, respondent Harish Chandra Mishra a constable in Government Railway Police along with his colleague Ram Nath came in the said compartment. Respondent Harish Chandra Mishra inquired about Rakesh Kumar Singh (PW 1) and his family members and asked him to go to some other compartment. He took him in an other compartment in which there were no other passenger. Ram Nath left the above compartment and respondent Harish Chandra remained there along with Rakesh Kumar Singh (PW 1). Respondent Harish Chandra started obscene activities. When the train reached near Rajbari bridge respondent Harish Chandra attempted to commit unnatural offence on Rakesh Kumar Singh (PW 1), who ran toward gate and the respondent tried to open his pant. He also threatened him that in case he would not concede to fulfil his desire he would throw him of the train. Rakesh Kumar Singh (PW 1) raised alarm and respondent Harish Chandra Misro threw him of the compartment by pushing him. Rakesh Kumar Singh (PW 1) fell down of the train at about 3.30 a.m. near Sidhauna halt in village Yusufpur and sustained injuries. His left hand was broken and he also sustained injuries on his head. However, he managed to stand up and went to Sidhauna Bazar where he awaked son of Ram Ji Gupta (PW 2) and narrated him the entire story. Son of Ram Ji Gupta awaked his father Ram Ji Gupta (PW 2) who took him to Saidpur hospital in a truck. The injuries of Rakesh Kumar Singh (PW 2) were examined by the Dr. A.K. Singh (PW 4) at Community Health Centre, Saidpur at 5. 00 p.m. who found lacerated wound 3 cm z 2 cm on front of left elbow joint, other laccerated wound 5 cm x 3 cm x bone deep on front of left wrist joint and abrasion over whole of left side face. The injuries were kept under observation, cause by blunt object and were fresh in duration. Dr. Singh prepared injury report (Ext. Ka 5) and referred patient to SSPG Hospital (Kabir Chaura), Varanasi, Rakesh Kumar Singh (PW 1) was admitted in SSPG Hospital where his left wrist was x-rayed and he was under treatment for about 22 days. On 24-7-1989 Rakesh Kumar Singh (PW 1) got typed report (Ext. Ka 3) and sent the same through registered post to SPGRP, N.E. Railway Gorakhpur. On the basis of above application chik FIR (Ext. K 4-A) was prepared by Ram Roop Giri (PW 3) at P.S. G.R.P. Mau on 9-8-1989 who made endorsement of the same at G.D. report (Ex. Ka-4) and registered a case against respondent Harish Chandra and Ram Nath under Section 307, 377, 325, 327, 109/34 and 511, I.P.C.

(3.) The case was investigated by the I.O. who interrogated witnesses, visited place of occurrence, prepared site plan got recorded statement of Rakesh Kumar Singh (PW 1) under Section 164, Cr. P.C. and on completion of investigation submitted charge sheet against the respondent Harish Chandra under Section 307, 377, 511 and 325, I.P.C.