DARSHAN PASI Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal has been filed against the judgment and conviction dated 7.9.1995, convicting the appellant under Section 376 IPC for seven years R.I. alongwith fine of Rs.500/ - and in default of payment of fine, further sentence of six months. Further convicting the appellant under Section 324 IPC for one year R.I. and under Section 506 for one year R.I. All the sentences were ordered to run concurrently.

(2.) THE prosecution case, in short, is that an FIR was lodged by the complainant Kamlesh Pasi on 23.3.1994 alleging therein that he was living in the house of his maternal uncle in village Hadha Majrahadha, P.S. Achalganj, District Unnao and father -in -law and brother -in -law of the complainant had given some land to the father of the complainant to build a house. There are two sons of maternal uncle, namely, Sajjan and Darshan Pasi and there has been a dispute between the complainant and Darshan Pasi on various occasions as Darshan Pasi was claiming that the house in which, the complainant was living belongs to him and he asked him to vacate the said house. On 23.3.1994, the complainant was irrigating the field at some other place and his wife went to his field for plucking the grass, whereupon Darshan Pasi came and said that he will also pluck the grass, to which, the wife of the complainant denied, saying that the field belongs to her and she would not permit him to pluck the grass. Thereafter, Darshan Pasi caught hold the throat of the wife of the complainant and started pressing the same. She rescued herself, but thereafter Darshan Pasi took out a katta and threatened her that in case she would raise noise, he will kill her. In the scuffle, Darshan Pasi assaulted with khurpa to the wife of the complainant, which injury was received on her right leg below knee joint and thereafter she fell in the field and Darshan Pasi committed rape upon her. The report of the said incident was lodged on the same day at 16:10 hrs.

(3.) INVESTIGATION was completed by the Investigating Officer after recording the statement of all the witnesses and he also took one petticoat in possession. The prosecutrix was medically examined. The Investigating Officer made the spot inspection and prepared a site plan and thereafter submitted the charge sheet. The appellant was also put to trial and before the trial court, he pleaded not guilty. The statement of PW -1 and PW -2 was recorded to prove the charge of rape. The vaginal swab taken was sent for pathological examination to ascertain as to whether any dead or alive human spermatozoa was present or not, but the record reveals that no such supplementary report was received from the Pathologist.