SURESH RAIDAS Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order dated 24.9.2001 passed by Addl. Sessions Judge, Kheri in S.T. No.48 of 1999 convicting the appellant under Section 376 I.P.C. and sentencing him to under go R.I. for seven years and a fine of Rs.1000/ - and in default thereof, a further imprisonment of R.I. for three months, under Section 323 I.P.C. for six months and under Section 506 I.P.C. for one year R.I. All the sentences have been directed to run concurrently.

(2.) IN nutshell the prosecution case as disclosed in the F.I.R. is that on 15.8.1998 at about 2 p.m. Smt. Shukla Devi wife of Jai Prakash Raidas went to the field to attend the call of nature. Suddenly accused - appellant of her village came and pounced on her and gave threats to kill her if raised alarm and after killing he would throw her in water. She tried to raise alarm but the accused - appellant closed her mouth and committed rape on her for about five to six minutes. The appellant also assaulted her during the commission of rape on her. Her bangles were also broken. At that time appellant was armed with Kanta and Hansia. It was further alleged that Smt. Shukla Devi also received injuries in the incident. Thereafter, she raised alarm, hearing which one Jaswant Rao also raised alarm and then appellant fled away from the place of occurrence leaving her. It is further alleged that Khelawan was also seen standing near the spot at a little distance. Then she came home and narrated the entire story to her mother in law. It has also been alleged that some people of the village chased the appellant and Khilawan but they ran away. On second day she along with her husband went to lodge the report at police station, but application on blank paper was taken from her but the F.I.R. was not lodged and when F.I.R. could not be lodged, she gave application to the Superintendent of Police, whereupon the case was registered on 23.8.1998.

(3.) THE I.O. visited the place of occurrence, prepared site plan and sent the prosecutrix for medical examination. The prosecutrix was medically examined and x -ray examination was also done. After investigation, charge sheet U/ss 376,323, 504 and 506 I.P.C. was submitted against the appellant. The charges were framed against the appellant, who pleaded not guilty and claimed to be tried.