PASRU Vs. STATE

JUDGEMENT

(1.) The instant criminal appeal, under Sec. 374CrPC, has been moved by sole appellant- Pasru @ Ismail against the judgment and order of date 3/3/1986 passed by the IInd Additional Sessions Judge, Lucknow in Sessions Trial No. 240 of 1984 whereby the appellant and co-convict- Prakash Jamadar have been convicted for committing offence under Sec. 376 IPC and sentenced to undergo 10 years rigorous imprisonment.

(2.) The prosecution story, as is reflected from the record available before this court, is to the tune that an FIR was lodged by the victim/prosecutrix herself on 22/1/1984 at about 11 p.m. at police station Hazratganj, Lucknow, alleging that she resides in servant quarters of bungalow of one Shri Lobo, Manager of Capital Cinema along with her husband- Munnalal, who was a rickshaw-puller. It is further alleged that on 22/1/1984 at about 7 p.m. she had gone towards Hazratganj crossing to say goodbye to bhabhi of one Rammu Shukla. When she (bhabhi of Rammu Shukla) had departed, at that point of time, appellant- Pasru @ Ismail and co-accused-Prakash Jamadar arrived at rickshaw of one Bhallar and forcibly abducted and taken her to Banarsibagh where one of their associate also joined them and all the four persons committed rape with her against her wish till 10. p.m. They also threatened to kill her and closed her mouth by tying cloth on her mouth. It is also alleged that she knew accused Pasru and Prakash by their names and remaining two accused persons were not known to her. On her making hue and cry, she was allowed to go out of Banarsibagh and thereafter she went to police station Kotwali Hazratganj with her husband and lodged the FIR.

(3.) On the basis of aforesaid information, an FIR at Case Crime no.085 of 1984 under Sec. 376 IPC was lodged and the investigation was entrusted to sub-inspector of police- Shri Akhlaq Ahmad Siddiqui, who got the medication examination of the victim/prosecutrix done and, also recorded statement of Rammu Shukla, husband of the victim/prosecutrix, namely, Munnalal as well as rickshaw puller- Bhallar and also inspected the scene of the crime on identification of the victim/prosecutrix and prepared site-map and site-plan of zoo (Banarsibagh) where the offence of rape is alleged to have been committed. He also arrested the appellant and other accused persons, collected inner garments of the victim, which were sent Agra for chemical examination.