SHAMSHER TAPPI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Accused Shamsher alias Tappi has been convicted on a charge u/S 376 I.P.C. and sentenced to undergo 4 years R. I. vide judgment and order dated 28-6-1994 passed by IVth Addl. Sessions Judge, Agra.

(2.) The prosecution case started on the basis of FIR dated 16-2-1989 registered at 12.05 PM after covering a distance of 9 Kms. The incident is said to have taken place on 14-2-1989 at 12 noon. The complainant Id Mohd. P.W. 1 has alleged in the report dated 16-2-1989 that about 5-6 days earlier, he had gone to Sahadra (Agra) fair. On 15-2-1989 his wife Smt. Vakila, P.W. 2 met him in the fair and told him that 14-2-1989 his daughter Km. Sukhi was raped by accused Shamsher alias Tappi at about 12 noon. She raised an alarm, hearing which, Smt. Vakila and one Smt. Mamoonan, wife of Siddiq went towards the place. But the accused escaped.

(3.) On the basis of this report, a case was registered at the police station. The blood stained smeared under wear of the girl was taken in possession by the police in police station (Ex. Ka 2).