KHUSHI LAL Vs. STATE OF U P

JUDGEMENT

(1.) CHALLENGE in the instant criminal appeal is the judgment and order dated 24.07.2004 passed by Additional Sessions Judge, Fast Track Court No. 2, Unnao, in Sessions Trial No. 511 of 2001, arising out of Case Crime No. 181 of 2001, Police Station Hasanganj, District Unnao, whereby the appellant Khushi Lal was convicted for the offence under Section 376 IPC and was sentenced to undergo rigorous imprisonment for a period of 7 years and also with fine of Rs. 1,000/ - with default stipulation of additional imprisonment for a period of three months.

(2.) IN brief the facts of the instant case are that on 26.07.2001 at 17.30 hours the victim herself lodged the first information report of this case, alleging therein that on 23.07.2001 in the noon at 12.00 she was looking after the Mango crop in her grove. In the meanwhile the appellant entered into the Mango grove and asked her to lift the bale of grass. When victim refused for this favour then Khushi Lal caught hold of her and started dragging her and also got her mouth gagged with a piece of cloth and committed rape with her. Victim resisted, but after sometime she became unconscious When she regained her senses, she came back to her house and narrated the incident to her family members. Thereafter, her family members took her to police station Hasanganj, Unnao but the S.O. Hasanganj instead of registering the case, send two police constables for making an enquiry and neither victim was referred for medical examination nor her case was registered. It is pertinent to mention here that at the relevant time victim was residing with her maternal grand mother in village Bibipur while she is resident of Village Aaspur.

(3.) THEREAFTER , she moved an application before the Superintendent of Police, Unnao on 26.07.2001. She was got medically examined and along with medical report and a lady constable she was sent to the concerned police station only thereafter, this case was registered.