SURJAN SINGH Vs. STATE

JUDGEMENT

(1.) ONKARESHWAR Bhatt, J. This appeal has been directed against judgment and order dated 10-11-1980 passed by the then IVth Addl. Sessions Judge, Etawah in Sessions Trial No. 292 of 1979. The appellant has been convicted under Section 376 IPC and sentenced to rigorous imprisonment for ten years and to pay a fine of Rs. 5,000/ -. In default of payment fine one year's rigorous imprisonment has been awarded.

(2.) SRI Raghuraj Kishore, learned Counsel for the appellant and SRI R. S. Sengar, learned AGA have been heard.

(3.) THE appellant has stated that he had been falsely implicated due to enmity with one Babu and Haripal. Vidya Ram PW 3 has stated that he is not aware that any litigation has taken place between Haripal Singh and the appellant. THEre is nothing on record to show that as to how Haripal or Babu were instrumental for the involvement of the appellant in the present case. It is also not clear as to how those persons had any link with Vidya Ram, the informant or his victim sister Ashok Kumari PW 2. In this country people generally do not involve their female children who are to grow and are yet to be married for the purposes of bringing false sex charges. THE mere suggestion of Vidya Ram PW 3 in the statement of the appellant regarding false implication at the instance of some persons carries no weight.