LEDHAI Vs. STATE OF U P

JUDGEMENT

(1.) Appellant Ledhai has filed the instant appeal against the judgment and order dated 10.07.1980 passed by IInd Additional Session's Judge, Basti in ST No. 6 of 1979, State Vs. Ledhai, under Section 376 I.P.C, P.S. Lalganj, District Basti. Learned trial Judge has convicted the appellant for the said offence and had sentenced him to five years RI with fine of Rs. 1,000/- and in default of payment thereof to undergo six months further RI.

(2.) Prosecution charge against the appellant, as is decipherable from the written F.I R. Exhibit Ka-1, Chik F.I.R. Exhibit Ka-4 and statement of victim Bilawati (P.W.1) were that on 18.09.1976 at 7.pm, appellant enticed away (P.W. 1) on the false pretext of giving her sweets and thereafter gagged her mouth and then dragged her in Ram Nain's sugarcane field and committed rape upon her by removing her attires and threatening. During the crime, victim shrieked which attracted Ram Dev and Ram Lal, who sprinted towards incident scene flashing their torches. Appellant, therefore, sprinted away from the spot.

(3.) Victim returned to her house and narrated verbally the incident to her mother. Her father Ram Prasad (P.W. 2) was not present at that moment. After his return, he was also informed about the incident. Following day morning, victim Bilawati (P.W 1) dictated F.I.R to her elder brother Hazari Lal, who scribed it and after verifying the contents thereof, victim stamped it with her thumb impression and then went to the police station Lalganj, at a distance of 4 miles, and lodged her F.I.R at 8.10 A.M. as Crime No. 140, under Section 376 I.P.C. against the appellant.