ASHOK KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS is an appeal preferred by the accused appellant, Ashok Kumar alias Bhura, against the judgment and order, dated 22-2-1989, convicting the appellant under Section 376, I. P. C. and sentencing him to under go R. I. for three years by Sri P. C. Mathur, HI Addl. Sessions Judge, Aligarh.in S. T. No. 223/88.

(2.) THE appellant was charged under Section 376, I. P. C. for having committed rape on Smt Bhagwati, wife of Mahabir Singh, resident of Jagdeo Nagaria, P. S. Gonda, district Aligarh, on 7-7-1986 at about 10.00 p. m.

(3.) SMT . Bhagwati was sleeping on a Chabutra in front of her house. Her son, Bhupendra Singh, aged about 9 years and her younger son, Yogendra Singh, aged about one year, were also sleeping there. Her Jethani, Smt. Banshi, wife of Fateh Singh and her father-in-law, Mr. Man Singh, son of Brindaban, were sleeping in front of their houses close by.