STATE OF U.P. Vs. KHUSI RAM

JUDGEMENT

(1.) This appeal, under Sec. 378 (3) Cr.P.C. at the behest of the State, has been preferred against the judgment and order dtd. 18/2/1986, passed by the learned Additional Sessions Judge-V, Shahjahanpur, in Session Trial No.300 of 1985 (State vs. Khushi Ram and another) arising out of Case Crime No.172 of 1985 under Ss. 376, 380 and 376/114 IPC, Police Station-Sehramau (South), District-Shahjahanpur, whereby learned trial Judge acquitted both the accused persons of all the charges.

(2.) Brief facts of this case are that an FIR was lodged by the complainant stating that on 20/3/1985 at about noon, accused persons Khushi Ram and Satish entered the house of prosecutrix, who is a married lady, where she was alone. Her father and sister were also away from the home. Accused persons shut the main door of the house and accused-Khushi Ram committed the rape upon the prosecutrix forcibly. Accused-Satish caught hold the prosecutrix during the course of commission of the crime. Satish also took jewelry and cash of the prosecutrix at the time of running from the home. Investigation was taken up by SI-Bhagat Singh, who visited the spot and prepared the site-plan. Investigating Officer recorded the statements of the witnesses under Sec. 161 Cr.P.C. During the course of investigation, medical examination of the prosecutrix was conducted and medical report as well as supplementary report were prepared. After completing the evidence, charge-sheet was submitted against both the accused persons. The case being exclusively triable by court of session was committed to the court of session for trial by competent Magistrate. Learned trial-court framed charges against the accused-Khushi Ram under Ss. 376 and 380 IPC and against the accused-Satish under Sec. 376 read with Ss. 114 and 380 IPC.

(3.) To bring home the charges, the prosecution produced the following witnesses, namely:- <FRM>JUDGEMENT_120_LAWS(ALL)11_2021_1.html</FRM>