LAKHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned A.G.A. On behalf of the State and perused the record.

(2.) Under challenge in this appeal is the judgment and order dated 24.07.1996 passed in S.T. No. 670/1994 by Special Judge Unnao whereby the appellant Lakhan was convicted for the offence under Section 376 I.P.C. and sentenced to undergo rigorous imprisonment for a period of seven years and for the offence under Section 506 I.P.C. the appellant was convicted and sentenced for a period of one year's rigorous imprisonment. Both the sentences were directed to run concurrently.

(3.) The case of the prosecution, in brief, was that the victim, who was a married lady, is resident of Village Narsa, police station Auras, district Unnao. On 07.05.1994 at about 8.00 p.m., the victim had gone to the well to bring back the rope. At that time, appellant Lakhan who was standing near the well, in front of his house, stopped the victim and dragged her towards his home after gagging her mouth and took her inside his house. There he committed rape with the victim and also threatened her with dire consequence, in case she raised any alarm. The victim any how managed to remove the hand of the appellant from her mouth. She raised alarm, whereupon Lekhan and Chheddu and some other villagers reached there and saw the occurrence. Appellant was successful in fleeing away from the place of occurrence, on seeing these persons. The victim went to her house and informed this incident to her father-in-law, mother-in-law and brother-in-law. It is alleged that her husband had gone to some relation, therefore, she waited for the husband to come back. When her husband did not come back till next day then on 8.5.1994 F.I.R. of this case was lodged by the victim herself which was scribed by one D.N. Dixit and on the basis of this F.I.R. (exhibit ka-4), case crime no. 74/1994 was registered and chick report exhibit ka-6 was prepared. Details of the registration of the case were entered into G.D. (exhibit ka-7). Victim was sent for medical examination. She was medically examined on 08.04.1994 at 9.15 p.m. at hospital Unnao and vaginal smear was sent for pathological test. In the pathological report (exhibit ka-2) no living or dead spermatozoa was seen. The victim underwent radiological examination for the assessment of her age. X-ray report was marked as exhibit ka-3 and as per the same, she was aged about 18 years. Petticoat which she was putting on at the time of occurrence was taken in to custody and its memo exhibit ka-5 was prepared. Fard of the torch with which the incident was seen by the witnesses was prepared as exhibit ka 8. Investigating officer prepared the site plan, (exhibit ka-9) and after concluding the investigation submitted charge-sheet (exhibit ka-10).