JOGRAJ Vs. STATE OF U P

JUDGEMENT

(1.) The then Vth AddI. District and Sessions Judge, Bareilly, vide his judgment and order dated 1.8.1978 passed in S.T. No. 50 of 1977 State v. Jograj, convicted the accused Jograj on a charge under section 376 I.P.C. and sentenced him to two years R.I.

(2.) The prosecution case started on the basis of first information report dated 27.8.1975. The allegations are that on that date at about 5 P.M., a little before sunset a lady Smt. Bhoop Dei had gone to the south of her house for throwing rubbish in the manure pit. She was ambushed by the accused. He committed rape upon her. S he raised alarm. On hearing her alarm Nathoo, her husband and Pooran Lal and Dal Chand came there and saw the accused committing rape. A report was registered in the same night at about 10 p.m. at police station Sishgarh district Bareilly, after negotiating a distance of about three miles. The blood stained petticoat of the lady was taken into custody by the police and after sealing the same, memo was prepared. The crime was entered in the G.D.

(3.) The lady was referred to the Female Hospital, Bareilly, where she was medically examined on28.5.1975 at 1O.30a.m. The lady doctor found the prosecutrix major and pregnant for about six months. No mark of injury was seen on the private parts of the body but slight clotted blood was seen on the vulva, and matted puic hairs. The urethral opening was red, inflammed and slightly torn (1 mm) posterior laterally and was covered with clotted blood but no fresh bleeding was seen either from the vagina cervix or urethra. The injury was about one day old. Hymen had old healed up tears. Vagina admitted two fingers easily.