PUTAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 16.12.1995, passed by the IVth, Additional Sessions Judge, Hardoi, by which the appellant has been convicted for the offence punishable under Sec. 376 I.P.C. and has been sentenced for seven years rigorous imprisonment along with a fine of Rs. 1000/ -.

(2.) The prosecution case in brief is that on 03.03.1992, at about 10:00 a.m., when the complainant/prosecutrix was returning after delivery of food to her husband, then the accused, who was sitting hidely in his field, shown his intention for committing rape and upon resistance she was dragged into the crop of wheat and committed rape with her. Upon alarm, her husband, elder brother -in -law and Khushi Ram came on the spot. The accused after committing rape, ran away towards village. The matter was reported to the police station on the same day and the case at Crime No. 157 of 1992, under Sec. 376 I.P.C. was registered against the appellant. The prosecutrix was subjected to medical examination on the same day and she was also referred to for X -Ray examination. After investigation, the charge -sheet for the offence punishable under Sec. 376 I.P.C. was filed against the appellant, upon which the cognizance was taken and the matter was committed to the court of sessions. Learned Sessions Judge framed the charge for the offence punishable under Sec. 376 I.P.C. The appellant denied the charge and claimed trial.

(3.) The prosecution has examined the complainant/prosecutrix as PW -1, who has stated that when on the date of incident at about 10:00 a.m. she was coming back after delivering the food to her husband and her elder brother -in -law, then the accused had forcibly dragged her into the field and committed rape with her. Upon alarm, Khushi Ram and her elder brother -in -law Chhatra Pal and her husband came on the spot, who had seen the appellant running away. She has further stated that then she got scribed the First Information Report and submitted to the police station, which she has proved as Ext. Ka -1. She has further stated that the Petticoat was taken into custody, regarding which, the Memo was prepared and she was sent for medical examination. The Petticoat, which was taken into custody, has been proved as material Ext. -1.