RAMZANI Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 04.11.1989, passed by Additional Sessions Judge, Hardoi, by which the appellants have been convicted for the offences punishable under Sections 376, 354, 395 and 397 IPC.

(2.) As per prosecution case, on 25/26.01.1985, at about 1.00 AM in the midnight when the complainant was sleeping along with his family members in the house, then some miscreants entered into his house through roof, who started beating his son Suleman, wife Takdira, daughters Sabira and Rahisha and son Sufiyaon and asked for the valuables. The miscreants torn out the cloths of his daughters and outraged their modesty and committed dacoity of the goods of the house. The miscreants committed rape with the daughters of the complainant. Upon the alarm, witnesses Kadir, Musahif, Hussain, Hasim, Shiv Ram, Zadda came on the spot and the witness Kadir caused fire in the "PUYAL". Due to pressure of the villagers, the miscreants escaped along with the articles of the complainant. The miscreants were 15-16 in the number, out of which Ramjani, Musahib, Wazahat, Javed, Makka Chamar, Sirdar, Alijaan were identified by name in the light of lantern, Kuppi, torch and fire. The First Information Report was lodged on 26.01.1985 at 8.35 AM, upon which the matter was investigated. During the investigation, the Investigating Officer collected the blood stained mud and sample of mud of ashes, cartages and "Tickli" as well as the Pyjama (Ghaghara) of Smt. Rahisha and Smt. Sabira and saw the lantern as well as the Kuppi and also took into possession these articles and prepared the recovery memo on the spot. Sabira and Rahisha were medically examined at Police Station Sandila, Hardoi. After the investigation, the charge-sheet was filed against ten persons. The accused persons denied the charges and claimed trial.

(3.) The prosecution has examined Smt. Sabira (PW-1), Rahisha (PW-2), Dr. Shaili Mehrotra (PW-3), Dr. Om Mehrotra (PW-4), Hazi (PW-5) S.I. Bheema Singh Poriya (PW-6) and Dr. Yashodhara Johari (PW-7).