SHIV PRATAP SINGH Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the appellants, learned AGA for the State and perused the record.

(2.) Both these appeals have been preferred by the appellants against the judgment and order dated 17.05.1990, passed by the Additional & Sessions Judge, Hardoi in S.T.No.113 of 1990 by which the appellants have been convicted for the offences punishable under Sections 363, 368 and 376 I.P.C.

(3.) As per prosecution story, complainant Sheoram had lodged the report that when on 28.08.1989, he had gone to Rae Bareilly, at about 7.00 p.m. Km. Deviya and Km. Sunita went for call of nature. Appellants Shiva Pratap Singh @ Thakur, Hira Lal, Iliyas and Nandram came out of the 'Makka' maze plot, who were armed with guns and pistols. The appellants caught hold the daughter of the complainant Km Deviya, upon which Km. Sunita raised alarm and came back to her home who narrated the incidence to the family members of the complainant. Upon this information, Munai and Dewari came on the spot, who were also threatened for dire consequences, upon which they had also came back. Munai and Dewari went to the police out post and gave the information, then on the next day, the Incharge police station along with constable visited the house of appellant Shiv Pratap Singh and on the third day, appellant Hira Lal and Shiv Pratap Singh and others returned back the daughter of the complainant. The daughter of the complainant disclosed that all the four accused persons have forcibly committed rape with her. No First Information Report was lodged by the police. Then the application was given to the Superintendent of Police, Hardoi and upon whose direction the First Information Report was lodged. The victim was medically examined at Woman Hospital, Hardoi on 03.09.1989. Vaginal smear was also taken, but no spermatozoa was seen. X-ray report was also conducted in which her age was found to be 16 years. After submission of the charge-sheet, the appellants denied the charges and claimed trial.