PAPPU Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri I.M. Khan, learned Counsel for the applicants and the learned AGA.

(2.) THE applicants have applied for bail in Case Crime No. 145 of 2005 under Sections 452, 354, 509, 323, 506, 376, 342/34 and 504 IPC P.S. Kotwali District Rampur.

(3.) ACCORDING to the F.I.R. version, the applicants and two other co -accused namely Kamal and Mathuri Prasad came at the house of the first informant and by force, they have taken away to the prosecutrix Km. Poonam, the niece of the first informant at about 9.30 a.m. The prosecutrix and her uncle Sunil, his wife Rani and one Sundari had came to their house after performing the Pooja in a temple. As soon as they entered their house, the applicants and other co -accused persons who were armed with country made pistol entered the house of the first informant and by force took away to the prosecutrix and for insult and the outrage her modesty. She was taken in a room where her clothes were torn and she became naked. At the shouting of the prosecutrix and her uncle and aunt, the persons living in the same locality came at the place of occurrence and any how, the prosecutrix could be released from clutches of the applicants and other co -accused. The applicants and other co -accused persons had caused the injury on the person of Smt. Rani and Smt. Uma, the aunts of the prosecutrix by using the butts blows of the country made pistol. Consequently, the atmosphere of terror and fear was created in that locality. The F.I.R. was lodged by the first informant thereafter. The distance of the Police Station was of 3 Kms. from the alleged place of occurrence. During the investigation, the statement of the prosecutrix was recorded. She supported the F.I.R. version and in addition, she made the allegation that she was lifted by the applicant Subhash and taken into room where she was illegally detained, where she was raped by the applicants. The other co -accused Kamal and Mathuri Prasad remained outside the door and when the protest was made by the family members of the prosecutrix, they were beaten by the Butts of the country made pistols by co -accused Kamal and Mathuri Prasad and when the people of the locality developed in pressure. The prosecutrix was kicked out by the applicants in a naked condition, then some other persons covered her body by the cloths. The prosecutrix was medically examined on 22 -4 -2005 at 1.45 p.m. Abrasion was found over the front of right knee joint. On the same date, Smt. Uma and Smt. Rani Devi were also medically examined. The Medical Examination Report of Smt. Uma shows that she had received two injuries in which injury No. 1 was Abrasion on the Front of right knee joint and injury No. 2 was right Ist Incisor tooth of upper jaw was loosed in its socket and fresh bleeding around the margin was present, hence, Smt. Rani Devi received on injury that was abrasion on the left elevicle.