BISHAMBHAR Vs. STATE

JUDGEMENT

(1.) This revision has been preferred against the judgment and order passed on 25.10.1989 in Criminal Appeal No. 107 of 1986 upholding the conviction of the revisionist under Section 376 passed by Ist Assistant Additional Sessions Judge, Etah in S.T. No. 280 of 1986 on 25.09.1986 convicting the appellant revisionist under Section 376 and sentencing him to undergo three years R.I. and Rs. 2000/- as fine with defaulting clause.

(2.) Facts in brief are that on 12.06.1986 at about 04:00 P.M. Km. Pushpa aged about 11 years who was the niece of the complainant Mahavir Singh had gone to the village fields with other girls where the buffaloes were grazing. Suddenly, the accused revisionist Bishambhar aged about 20 to 21 years came near Pushpa and asked Vimla who was also looking after the cattle which were grazing, to bring food and water for the revisionist. Vimla went to the village after that the revisionist Bishambhar took Km. Pushpa in a "Kotha" of Dharamshala of Shiv Dutt and started raping her. The girl Km. Pushpa raised hue and cry at which father of the victim along with Hari Singh who was just taking out the grass from the field, rushed to the spot, and saw the girl lying naked on the ground and the accused was committing rape on her. Both the witnesses tried to catch hold of Bishambhar, but he ran away from the other door. There was bleeding from the private parts of the girl. The report was lodged by Mahavir Singh on which investigation started and charge sheet was submitted against the accused. The prosecution examined as PW-1 Mahaveer, PW-2 Hari Singh, Km. Pushpa PW-3, Dr. Manjulata Varshney PW-4, Head Constable Kunwar Pal Singh PW-5, S.I. Sri S.K. Tyagi PW-6.

(3.) Charges were framed against the accused.