GHAMANDI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionist and learned A.G.A. for the State.

(2.) This revision has been preferred against the judgment and order dated 02.05.1987 passed by Vth Additional Sessions Judge, Aligarh in Criminal Appeal No. 127 of 1986 dismissing the appeal and confirming the judgment and order date 10.09.1986 passed by IInd Assistant Sessions Judge, Aligarh in S.T. No. 565 of 1985 whereby the applicant has been convicted and sentenced to under go three years R.I. coupled with fine of Rs. 500/- with defaulting clause.

(3.) Brief facts are that according to first information report on 29.08.1985 at about 05:00 P.M., Kumari Nakisiya daughter of Kishan Lal was going for cutting fodder from her field of village Kadampur. When she reached near the field of Tara Singh she met accused Ranveer. She requested Ranveer to lift her weight for her. As soon as Nakisiya bent down to lift the weight, suddenly Ghamandi also came and both the accused dropped her on the ground by holding her legs. Both the accused closed her mouth. The victim tried to shout but she could not do so. Initially Ghamandi raped Nakisiya then Raveer Singh raped her. She tried to free herself left but she could not do so. As soon as her mouth was set free, she raised hue and cry on which Khamani, Pyara Lal and Babu Sing etc. came on the spot but the accused fled away. Nakisiya told all the story to the witnesses. In the evening when her father returned home she narrated and told all the story to her father. At About 08:45 A.M. on the next day, the matter was reported to the police station on the basis of which a case was registered against the accused. The victim was medically examined in the Government Hospital and X-ray was also taken. The I.O. took the statement of the witnesses and prepared site plan and after investigation submitted charge sheet against the accused.