JAISU Vs. STATE OF U P

JUDGEMENT

(1.) M. A. Khan, J. This is an appeal arising out of the judgment and order dated 7-5-1993 passed by the learned VI Additional Sessions Judge, Faizabad, in S. T. No. 180 of 1990, thereby convicting the appellants of the offences punishable under Section 366/376/342 IPC.

(2.) THE facts leading to the prosecution of the appellants are that on 24-5-1989, Km. Malti Devi D/o Sri Sunder Lal, was kidnapped by the accused persons and was subjected to rape by the accused appellants against her wishes and without her consent. A report of the occurrence was lodged at the police station on which a case against the appellants was registered and after investigation, charge-sheet was submitted against them.

(3.) LEARNED Counsel for the appellants has drawn my attention to the medical evidence on record, which shows that the lady in question was aged about 19 years and she used to sexual intercourse and no internal or external injury was found on her body.