RAM NARESH Vs. STATE

JUDGEMENT

(1.) This is an application in revision by Ram Naresh, Hanuman and Jangali, applicants, against the judgment and order dated 14 -5 -81 by Sri K.S. Dubey, v/s. Ith Additional Sessions Judge (Metropolitan area) Kanpur, by means of which he dismissed the appeal by the applicants against their conviction and maintained their conviction under Sec. 376 IPC and the sentence of 3 years' RI imposed on them.

(2.) Briefly stated, the prosecution case was that Bhola's daughter -in law, used to work as a sweepress at the bunglow of Sri Pandey, IFFCO Manager, at bunglow No. 13399, Hazari. She had asked her sister -in -law Km. Bina, aged 17 years, to go to the bunglow of Sri Pandey and work there in her place. On that day the family of Sri Pandey had gone out and his house was being looked after by his servants. Km. Beena reached the bunglow of Sri Pandey at about 5 p. m. and the applicants reached there shortly after that. Hanuman picked up this girl in his arm and took her inside the kitchen. The other two applicants, Ram Naresh and Jangali, followed him and Jangali bolted the door from inside. Hanuman forcibly laid the girl on the ground. Ram Naresh gagged her mouth and threatened to kill her if she raised an alarm. Then, Hanuman, Ram Naresh and Jangali raped this girl by turns. When she came out of the room after she had been raped, Ram Naresh threatened to kill her if she raised any alarm. Weeping Km. Beena went to her house. When she came out of the room where she was raped, she met Smt. Muniran and Devi Gulam and told them what had happened. Her parents had gone out and when they returned at 7 p. m. she told her father, Bhola, also of this incident. Bhola got a report written down by one Ajai Kumar and went to P. S. Gwaltoh where this report was lodged at 8. 10 p. m.

(3.) It was argued by the learned Counsel for the applicant that when this bunglow of Sri Pandey was locked and when Sri Pandey and other members of his family had gone out, then Km. Beena could not have gone to clean the house because it was locked up. Even if the bunglow was locked up, Km. Beena as a sweepress could go outside the house and it was in evidence that she only swept the verandah. She could have, therefore, gone to work in the bunglow of Sri Pandey that day also.