RAMPA Vs. STATE OF U.P.

JUDGEMENT

(1.) Additional Sessions Judge, Lalitpur, vide his judgment and order dated 7.4.79 convicted the accused Rampa on a charge under Sec. 392 Indian Penal Code and sentenced him to undergo 4 years' R.I. He was acquitted on a charge under Sec. 376 Indian Penal Code by the learned Addl. Sessions Judge.

(2.) The prosecution case started on the basis of a written FIR lodged by Smt. Draupadi, P.W. 1 at the Police Station Lalitpur on 26.5.76 at 20.30 P.M. after negotiating a distance of 9 Kms. The incident took place on the same day during the afternoon. She has alleged that she was returning to her husband's place along with her father-in-law Raj Dhar, P.W. 2. Near the place of occurrence, her father-in-law proceeded ahead. There was darkness due to thick jungles. The accused appeared all a sudden, armed with lathi, to catch hold of the lady complainant and snatched her Chura "an ornament worn on the wrist by the lady" thereupon empowered her and committed rape upon her. A She raised an alarm, hearing which, her father-in-law and other witnesses arrived. The accused was given a chase and at a short distance, he was arrested. The Chura was recovered from him. He was brought to the police station along with the witnesses, complainant and father-in-law.

(3.) He was medically examined by the lady Doctor on 27.5.76 at about 7 A.M. The observations made in the medical report, have been noted by the learned Addl. Sessions Judge in his judgment. The supplementary report was that no sperms were seen by the Pathologist lady. She was between 14 to 16 years of age. No definite opinion regarding rape can he given.