SHAMSHER @ TAPPI Vs. STATE OF U.P.

JUDGEMENT

(1.) ACCUSED Shamsher @ Tampi has been convicted a charge under Section 376, IPC and sentenced to undergo 4 years' R. I. vide judgment and order dated 28-6-1994 passed by IVth Additional Sessions Judge, Agra.

(2.) THE prosecution case started on the basis of F.I.R. dated 16-2-1989 registered at 12.05 p.m. 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., PW I 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, PW 2 met him in the fair and told him that 14-2-1989 his daughter Km. Sukhi was raped by accused Shamsher @ Tampti 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.) THE girl was referred for medical examination. The lady Doctor gave the following report :