STATE OF U P Vs. RAM ASRAY

JUDGEMENT

(1.) M. C. Jain, J. The State is in appeal against the order of acquittal dated 23-1-1998 passed by Sri S. K. Pandey, the then Sessions Judge, Hamirpur in ST No. 230 of 1993, acquitting the accused respondent Ram Asarey of the charge of Section 376 IPC.

(2.) THE relevant facts may be related. THE incident took place on 7-2-1993 at about 5. 00 p. m. in a field situated within the territory of village Dhanauri, Police Station Rath, District Hamirpur. THE victim was Ramshri who herself lodged the FIR at 10. 45 p. m. at the concerned police station by oral narration. THE distance of the police station from the place of occurrence was about 12 kms. At the relevant time, she was returning from the fields with the load of cattle fodder. When she reached near Jwar/arhar field of Laxmi, the accused respondent Ram Asarey emerged therefrom, caught hold of her and forcibly took her to the field. Her efforts to rescue herself from his clutches resulted in vain. He downed her in the field and committed rape on her. While doing so, he also caused bite injuries on her face and scratches with his nails on the other parts of her body. Her shouts attracted Jai Pal Singh PW 2 and Mangi PW 3. Seeing them approaching, the accused respondent ran away.

(3.) PETTICOAT that she was putting on at the time of the incident was taken into possession and sealed by the Investigating Officer. Thereafter, it was sent for chemical examination. The investigation resulted in submission of charge sheet against accused respondent. The defence was of denial. According to the accused respondent, he was not present in the village on 7-2- 1993. Instead, he was in Rath and selling chillies.