ZUBAIR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri G. S. Chaturvedi, learned Senior Advocate appearing for the applicant and learned AGA for the State, and perused the record.

(2.) The applicant-Zubair, is Involved in case Crime No. 241 of 2003, under Ss. 452, 376, 506, 120-B, 201,1.P.C. and S. 7, Criminal Law Amendment Act, P. S. Chhapar, District Muzaffar Nagar.

(3.) The allegation in the FIR is that at about 11.30 a.m. on 9-10-2003 there was some incident between Devendra, the brother of the informant, Ravindra, and Km. Roshan, the daughter of the landlord Israel. On account of that incident, the applicant, Zuber, a relation of Zuber, Mahtab and two or three others entered Ravindra's house, caught hold of his 15 years old sister and took her forcibly into Israel's house, where they committed gang rape on the girl. The informant, his mother, Rajveeri, and many other people of the village arrived who witnessed the incident. Thereafter, the accused left the place issuing threats. The girl was lying unconscious at the spot. At 7.50 p.m. on 9-10-2003 the external medical examination of the girl revealed that she had no external mark of injury but she was unconscious and her body was cold. The girl was re-examined at 5 p.m. on 13-10-2003 at Women's Hospital by three doctors, who noted that she was fully conscious. At the time of medical examination she had stated that on the previous Thursday, three persons had dragged her and committed rape on her. As she started bleeding she was taken for medical care to a private clinic with her mother and stitching of her private parts was done there. The internal examination revealed that her hymen was torn admitting only one finger and with slight oozing present during the examination. One stitch of catguts was seen on the vaginal region which also showed redness.