SADHU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Shri D.N. Wali for the appellants and learned AG.A on behalf of the State. On the accusation that on 10.3.77 at about 8 p.m. accused Sadhu committed rape on Km. Meena aged about 19 years, whereas his co-accused Gyan Chand had helped him in committing the said act. The two accused persons were arrested, charged and tried under Section 376 I.P.C.

(2.) In order to prove its case the prosecution examined at the trial Dilip Singh, PW 1, Satya Pal, eye witness PW 2, Meena Rumari, Prosecutrix, PW 3, Om Prakash; PW 4, Mahesh Chand Panchaiya, PW 5, Dr. Munni Devi, PW 6 and Bart Singh, PW 7. The learned Trial Court believing the statements of the Prosecutrix and alleged eye witness Satya Pal corroborated by Dr. Munni Devi held the accused Sadhu guilty of having committed an offence punishable under Section 376 I.P.C. and convicted him accordingly, whereas accused Gyan Chand was found guilty of having committed an offence punishable under Section 376 read with Section 34 I.P.C. He convicted him under these sections. After hearing them on the quantum of sentence, the Trial Court sentenced each one of them to undergo R.I. for four years and to pay a fine of Rs. 500/- each. In default of payment of fine, they were directed to undergo a further period of three months RI. It is that judgment of conviction and order of sentence both, dated 11.4.79 passed by the VIth Additional Sessions Judge, Saharanpur which has been impugned in this appeal.

(3.) I have heard learned Counsel for the parties and with their help have carefully scrutinized the documentary evidence comprised of the FIR. Ext. Ka-3, injury report of the prosecutrix Ext. Ka-6 & recovery memo of Salwar Ext. Ka. 2 and oral evidence comprised, the statements of Dilip Singh, PW 1, Satya Pal, eye witness, PW 2, Meena Ruman, prosecutrix, PW 3, Om Prakash, PW 4, Mahesh Chand Panchaiya, PW 5, Dr. Munni Devi PW 6 and Bart Singh, PW 7.