BRIJ LAL Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Indrajeet Shukla, who has been appointed as amicus curiae for the appellant and learned Additional Government Advocate.

(2.) THIS criminal appeal has been preferred against the judgment and conviction dated 5.3.1999 passed by Special/ Addl. Sessions Judge, Raebareli in Sessions Trial No.10 of 1993 whereby the appellant has been convicted under Section 376 IPC for a period of seven years' RI along with fine of Rs.200/ - and in default to deposit the fine, the appellant was required to undergo further rigorous imprisonment of one month.

(3.) PROSECUTION case as disclosed in the FIR is that on 5.8.1992 at about 12.00 pm when the wife of the complainant Gyanwati went to attend the call of nature in the field of Salikram Trivedi, appellant Brij Lal committed rape upon her. When wife of the complainant raised alarm, the complainant and Bhagauti Prasad and Ram Adhar of his village reached the place of occurrence. As soon as they reached the spot, accused Brij Lal ran away towards south of the field. The complainant took her wife to the police station and an FIR was lodged on the same day under Section 376 IPC.