NANKAI Vs. STATE OF U P

JUDGEMENT

(1.) THE accused appellants Nankai and his brother Pahari since deceased have filed this appeal against the judgment and order dated 27-11-1979 passed by the 4th Additional Sessions Judge, Shahjahanpur convicting both the accused appellants under section 376, read with section 511 IPC and sentencing each of them to 4 years' R.I.

(2.) THE prosecution case in brief is that the accused appellants committed rape on Km. Meera on 11-2-1978 at about 5.30 p.m. in the Arhar field in village Paina Khurd, P. S. Sindhauli, District Shahjahanpur.

(3.) I. Bheem Singh PW 5. He started investigation and visited the village and recorded the statement of Pusye, inspected the spot and prepared site plan Ex ka 6. He also recorded the statement of Km. Meera, Naththu and other witnesses -and made a search of the accused who were not found. On the next date i.e. 13-2-1978, he arrested the accused Nankai. The accused Pahari surrendered himself in the court. After completing the investigation, the Investigating Officer submitted the charge-sheet against both the accused persons on 24-3-1978, vide Ex ka 7, under sections 376/511 IPC.