MAINPAL Vs. STATE

JUDGEMENT

(1.) Heard Sri Kulveer singh, learned counsel for the appellant, learned AGA for the state and perused the material on record.

(2.) This Criminal Appeal has been filed against the judgment and order dated 29.2.1988 passed by Vth Additional Session Judge, Saharanpur in Sessions Trial No. 167 of 1987 arising out of Case Crime No. 13 of 1986, Police Station - Manglore, District - Saharanpur convicting the appellant under section 376 IPC for five years rigorous imprisonment and to pay a fine of Rs. 1,000/- and in default of fine three months Simple imprisonment.

(3.) In brief, the prosecution case is that complainant - Chandu gave a written information at Police Station - Mangalore that on 14.1.1986 his wife was cutting grass in field of Satyawan. His Bhabhi was also cutting grass at some distance. At about 2:30 p.m. his co-villager Mainpal came from inside the sugar-cane field and forcefully dragged his wife into the sugar-cane field intimidating her and pressing her mouth and committed rape with her. On getting opportunity, his wife make a noise, then his sister-in-law (Bhabhi) - Rajo went inside the sugar-cane field and saw Mainpal committing rape with the wife of the complainant. Seeing this incident, Rajo made a noise and on her noise, other co-villager- Rajpal came there, then Mainpal holding his trouser in his hand ran away from there, intimidating and saying that if any action is taken, he will kill all of them. When complainant came to the house, his wife told the whole incident but due to fear, he could not go to the Police Station. On getting opportunity, he went to the Police Station for lodging the FIR. On the aforesaid information, Case Crime No. 13 of 1986 under Section 376 IPC was registered against accused - Mainpal on 15.1.1986. Investigating officer recorded the statement of complainant, victim and other witnesses. Victim was also medically examined. Investigating officer also took in possession one piece of Salwar which the victim was wearing at the time of occurrence and prepared its memo. After completion of the investigation, charge sheet was submitted.