SURAJ BHAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This jail appeal arises out of the judgment and order of conviction and sentence dated 20.7.2001 passed by special Judge (D.A.A.), Banda. The informant-prosecutrix Smt. Savitri is said to have been raped by the accused appellant Surajbhan Singh @ Puttu and co-accused Birbal Singh @ Pappu in the afternoon of 22.3.1995 at about 4.00 p.m. It is alleged that while she was scrapping grass in the field, the aforesaid two accused along with another person arrived and after threatening her against her life, she was forcibly raped in the field itself. The son of the prosecutrix (PW 3) Ram Das was also there, who is said to have snatched certain ornaments belonging to the prosecutrix. The F.I.R. of the incident was lodged by her the next day at 2.45 p.m. She was sent for medical examination and PW 5 Dr. Shashi Saxena, then Medical Officer, posted in women hospital, Banda, conducted it and found that Smt. Savitri was a grown up lady used to sexual intercourse. No injury on private part was noticed. One injury upon Smt. Savitri's cheek was found. She was referred by Dr. Shashi Saxena (PW 5) for medical examination to Dr. Kesheo Gupta (PW 2). Dr. Gupta found that the said injury on cheek was a teeth bite. The vaginal smear, which was sent for pathological test, was found negative for presence of dead or alive spermatozoa.

(2.) PW 4- Ranjeet Singh Gaur conducted the investigation of the case, recorded the statements of the witnesses, inspected the spot and after completing all the formalities, he submitted the charge sheet against the appellant as well as the other co-accused Birbal Singh @ Pappu.

(3.) Both the accused were charged for the offences punishable under Sections 376 and 394 I.P.C. by the trial court and they pleaded not guilty to the charge. They also stated that they had been falsely implicated due to enmity.