RASOOL Vs. STATE

JUDGEMENT

(1.) THE appellant Rasool has been convicted under Section 363, I. P. C. by the II Temporary Civil and Sessions Judge, Rae Bareli and has been sentenced to undergo rigorous imprisonment for two years. This appeal has been directed against the said order.

(2.) THE prosecution story has been narrated by the prosecutrix Sheo Kumari who was aged about 14 years at the time of the incident. It is stated that the appellant belongs to her village Pure Ori, P. S. Lalganj, district Rae Bareli and he had a flour mill on the outskirts of the village. Shiv Kumari used to go to the mill for grinding the wheat. The appellant used to tell her that her life at home is miserable and that he could get her married with a good Brahmin boy provided she accompanied him. On 4-8-1969 she had gone to the flour mill at about 3 or 4 p. m. and the appellant had told her that he was going to Rae Bareli on that very day and requested her to come prepared for going with him to Rae Bareli where he would arrange for her marriage. The prosecutrix fell prey to the temptation and at about 8 p. m. when her parents were taking their meals she left the house telling that she was going to the house of one Bachai Lai Tewari, a neighbour, She came out on the pretext and went to the flour mill where the appellant was waiting for her. The appellant brought her to Lal-ganj on a cycle and thereafter she was brought to Rae Bareli where they reached at about 11 p. m. The appellant awakened one Saghir (acquitted by the trial Court) who arranged for their sleeping in the night. Shiv Kumari went to bed which was arranged in the verandah of the house while the appellant and Saghir kept on talking on the cot lying nearby. At about 2 or 3 A. M. in the night the appellant committed rape with Shiv Kumari in spite of her objections. In the morning she was taken to the Railway station and was offered tea in the waiting room. The appellant and Saghir then took the girl to a hotel near the clock tower. On way she met Sri Nath and Narendra Singh who were known from before. On enquiry by Narendra Singh the appellant replied that the father of Shiv Kumari was lying in the hospital with toothache and she was being taken there. After taking the meals the appellant brought her to the Railway station and from Rae Bareli they came to Lucknow and by the night train she was taken by the appellant to a place known as Bhogai in Assam where she was kept for about 10 or 15 days and during this time Shiv Kumari was raped several times by the appellant. During all these days the appellant had been assuring her that he would get her married. During this time the appellant ran short of money and thereafter he expressed his desire to go back to bring money so that her marriage may be arranged soon.

(3.) BADRI Bishal, father of the girl, kept on searching and then ultimately on receiving information from Harish Chandra Bajpai (P. W. 4) and Bharat Singh that they had seen Shiv Kumari going on a cycle with appellant Rasool at Lalganj bus stop, a written report of the occurrence was lodged at P. S. Lalganj on 14-8-1969 at about 6. 45 p. m.