RAJ NATH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 11-3-1987 passed by the learned Sessions Judge, Barabanki, in S. T. No. 306 of 1985, thereby convicting the appellant of the offence punishable under Section 376, I.P.C. and sentencing him for six years R. I.

(2.) The facts leading to the prosecution of the appellant are that Smt. Manjula Misra, wife of Sri Vishwanath Misra, had lodged a report at the Police Station, Fatehpur at 8.35 p.m. on 9-5-1985 that her husband Vishwanath Misra was posted as Sub-Inspector at Police Station, Fatehpur and some time before the present occurrence, he was transferred to Police Station, Patranga in the same district. Since the examination of his children were to take place shortly he had left his family at the Police Station, Fatehpur. The family of Vishwanath Misra was living in a quarter in the premises of the Police Station, Fatehpur. At the relevant time P.W. 2 Desh Raj was working as a servant with the Misra family for the last 7-8 months prior to the present occurrence.

(3.) The appellant was posted as Constable at the Police Station, Fatehpur. It is said that on 9-5-1985 at about 7.30 p.m. while the informant Smt. Manjula Misra was busy in cooking food, she handed over her infant daughter Km. Rani to Deshraj. It is said that the appellant had sent Deshraj for purchasing Biris for him. It is further said that Deshraj returned back with Biris and found that Raj Nath's quarter was bolted from inside and Raj Nath was not traceable nor was there any trace of Km. Rani. Then Deshraj reported the matter to Smt. Misra who went outside to take water from water-tap during the course of which she saw that the appellant after opening the door of the window had thrown the infant girl outside. Smt. Misra flashed torchlight and saw that the appellant was running away. She raised an alarm whereupon the witnesses came there and tried to chase the appellant who ran away. The first informant took up the daughter and found that she was unconscious and there was bleeding from her private part. She went to the Police Station where a report (Ext. Ka-1) was registered. Thereafter Km. Rani was medically examined in the Hospital and was provided with the first-aid. A case was registered against the appellant and after investigation charge-sheet was submitted against him.