MOHABBAT Vs. STATE OF U P

JUDGEMENT

(1.) This jail appeal arises out of the judgment and order of conviction and sentence dated 26-3-2001 passed by the Special Judge (D.A.A.), Etah.

(2.) The brief facts of the case, which has led to prosecution of the appellant, are that on 5-10-1994 at about 4.00 p.m. P.W. 1, the prosecutrix Smt. Chakrawati was scrubbing grass in the field. The accused-Mohabbat along with another approached her. He thereafter grounded her in the field and committed rape, whereupon she raised alarm which attracted the witnesses P.W. 2 Meghnath and P.W. 3 Raja Ram. The accused-Mohabbat noticing the witnesses approaching him snatched her silver chain and golden earrings and ran away. In the process of force used for commission of rape, the prosecutrix as per the F.I.R. received injuries in her right leg. The report of the incident was lodged on the same day at 9.55 p.m. at the Police Station and the case was registered against the accused.

(3.) Smt. Chakrawati later on was sent for medical examination on the next day. It was conducted by P.W. 4 Dr. Amita Rani Gupta at about 12.10 p.m. Dr. Amita Rani Gupta while examining her did not find any injury on the outer part of her body on or inside the private part. She was found to be a lady of 50 years of age and was used to sexual intercourse. Her vaginal smear was sent for pathological test. Dr. Gupta could not give definite opinion of commission of rape against P.W. 1.