BUCHCHA Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Buchcha accused who was convicted under Section 376 IPC by Sri Mohan Singh, 2nd Additional Sessions Judge, Fatehpur, and has been sentenced to undergo rigorous imprisonment for five years.

(2.) THE prosecution case was that on the 28th of March, 1975, at about 6 P. M. the complainant Jagdish Prasad was at the door of his house in village Teonja, he heard cries coming from the house of Buchcha accused which was to the east and rushed towards his house. When he reached the Bagar of that house he saw that Buchcha accused was committing rape on his minor daugher Km. Malti. On alarm Gulab Singh and Gaya Prasad also arrived at the place of occurrence and saw the offence being committed. THE accused and Km. Malti were separated. THE accused was apprehended and with a report which the complainant got written out by Thakur Prasad he was taken along with the witnesses and Km. Malti to Police Station Khaga where the written report was lodged on 29th March, 1975, at 1.30 A. M. in the night. On this report a case was registered against the appellant, after investigation he was prosecuted and has been convicted as aforesaid.

(3.) BESIDES in this case there was not the sole testimony of P. W. 1 Jagdish Prasad to fay that the rape was committed but his testimony had significant corroboration by the testimony of the other two witnesses Gulab Singh and G