AMAR NATH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Appellant-Amar Nath Singh is aggrieved against the judgment of conviction and order of sentence dtd. 9/12/1986 passed by IInd Additional Sessions Judge, Azamgarh in Sessions Trial No. 72 of 1985, arising out of Case Crime No. 124 of 1984, under Sec. 376 I.P.C., registered at Police Station Maharajganj, District Azamgarh, whereby he stands convicted and sentenced to seven years rigorous imprisonment alongwith fine of Rs.5,000.00, and in the event of default, he has been ordered to undergo further rigorous imprisonment of one year.

(2.) The above F.I.R. was registered on the basis of a written complaint by prosecutrix submitted before Station House Officer Maharajganj, District Azamgarh, who stated that she is a resident of village Molanapur Prathvipal, Police Station Maharajganj and used to take her goat for grazing at Sivan. On 7/10/1984 at around 5:00 p.m., I took my goat for grazing on the eastern side of village in a mango orchard, where my mother at some distance was cutting grass. Amar Nath Singh @ Jhinku Singh s/o Bansh Gopal Singh, who belongs to our village was also working nearby in his agricultural fields. My goat entered the Pigeon Pea fields of Chandrika Master, So I went there, then suddenly Jhinku Singh came lifted me and took inside the Pigeon Pea fields. I struggled and screamed, but he threw me on the ground and lifted my clothes (Peticoat and Sari) and raped me. On hearing of screams, my mother and Gayatri Singh s/o Ram Aadhar Singh , Ram Chandar Singh s/o Shiv Poojan Singh came there at the spot and on seen them, he ran away towards his house. I was bleeding and could not walk before I fainted. I was brought by other persons and as it was late night, no vehicle was available to reach police station. My mother brought me to Parshurampur Hospital by Rickshaw where doctor refused treatment and asked to go to police station. The complainant alongiwth her mother reached the police station by Rickshaw to lodge the report. Broadly, on these allegations, the F.I.R. was registered against the accused for alleged commission of offence punishable under Sec. 376 I.P.C.

(3.) After registration of the F.I.R., the investigation in the case was conducted by Investigating Officer namely, Mukteshwar Singh, who recorded the statements of witnesses namely, Gayatri Singh and Ram Chandar Singh. During investigation, the injury report was collected and the site plan was also prepared. The statements of other formal witnesses were also recorded and finally the charge sheet was filed against the accused under Sec. 173(2) Cr.P.C. thereby sending him to face prosecution for commission of offence of rape.