NIRANJAN Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Niranjan against his sentence and conviction to undergo three years rigorous imprisonment under Section 376 IPC as awarded to him by the learned Additional Sessions Juadge, Sitapur.

(2.) BOTH Niranjan and the raped girl Km. Asha Devi resided in village Akohra, P. S. Pisawan, District Sitapur. They also belong to the same caste. The allegation is that on 25-7-1975, Km. Asha ; Devi, a minor girl of Paras Ram had gone to the grove of Hori Lal in this very village to collect mangoes. The accused is said to have gone there and is said to have committed rape upon her. The accused was identified by P.Ws. Ram Swarup and Chiranju. The girl on return to the house, narrated the story to her mother, and the same was then narrated to Paras Ram, who accompanied by the girl, went to P. S. Pisawan, and lodged FIR on the same date at 17.05 hours. The distance between the scene of occurrence and the police station is six miles.

(3.) THE defence of the accused was complete denial. He pleaded alibi by stating that on the date of incident he was reading in Pihani School, which was at a distance of 20 miles from the village in question. One witness in defence was also examined by the accused.