SHAFI Vs. STATE

JUDGEMENT

(1.) SHAFI, a young man of 20, was convicted by the learned Assistant Sessions Judge of Sitapur under Section 376, Penal Code for having committed rape upon Shanti, a girl aged 15 or 16 years, and sentenced to five years' rigorous imprisonment. He comes up in appeal.

(2.) THE prosecution story as found established at the trial was as follows:

(3.) ON the morning of 15-7-1950, at about 6 or 6-30, Mst. Shanti who is a resident of Baragaon went out to ease herself near a tank about 20 or 25 paces from her house. The tank is situated at the back of the house of one Debi Prasad and the place appears to be screened from public view on account of the existence of some bamboo clumps and bushes. After the girl had finished and was returning home, the accused came, caught hold of her, threw her down and overcoming all resistance that was offered by her, removed her dhoti and committed rape upon her. The girl raised an alarm which brought Debi Prasad P. W. 3 and Ram Ghulam P. W. 2 to the spot. They saw Shaft in the act. Seeing them come, he left the girl and attempted to run away but was chased and caught by these two persons. The girl went to her home and shortly after the accused, the girl as well as her husband and the two witnesses Ram Ghulam end Debi Prasad, proceeded to the house of the surpanch where a report of what had happened was reduced to writing. These persons then proceeded to the police outpost, at Baragaon. While on their way, they met the village chaukidar and constable Sri Krishen. The accused was handed over to them. The constable and the chaukidar then took these persons as well as the accused to police station maholi 7 miles distant -- and handed over the written report prepared by the sarpanch to S. I. Bhagwan Sarup. A first information report was recorded on the basis of written report handed over to the S. I. Bhagwan Sarup. The dhoti which the girl was wearing at the time of the report and which was still on her person was taken over by the investigation officer.