BETA LAL Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been filed on behalf of appellants Beta Lal, son of Sri Ram Charan and Sri Vijai Shanker Singh, son of Sri Ram Krishna against the impugned judgment and order dated 7.7.1988 passed by Special Judge, (E.C. Act), Banda in Sessions Trial No.49 of 1986, convicting appellants to undergo ten years R.I. And to pay a fine of Rs. 500/- under section 376 I.P.C. and in default of payment of fine, the accused persons shall further undergo six month R.I. In Sessions Trial No.49 of 1986 State v. Bell Lal and another of police station Kotwali, District Banda.

(2.) Brief facts arising out of this appeal are that the complainant Kamla Bai along with her lover Sri Dharam Singh and his companion Mohan Lal, residents of Mohalla Bhan Talaiya, P.S. Hanuman Tal, District Jabalpur came to Banda by train after having Darshan of the Goddess at Maihar. At about 1 a.m. they were sitting at the platform of Railway station Banda. In the meantime, two constables of P.S. G.R.P., Banda came there in the plain dress. One of them interrogated her at the platform and told that their bona fides seem to be doubtful and they should accompany them and they would detain them and on this pretext, both the aforesaid persons carried her into the quarter situated near the Pipal tree below the platform stopping her lover and his companion at the distance of about 10-15 steps from the room after threatening them to send the jail, in case they would raise alarm. Thereafter both the police personnel after closing the room, committed rape on Kamla Bai forcibly without her consent. She tried to raise alarm but they used to press her mouth and after committing rape upon her, they left her along with her lover and his companion. Unknown third person also reached there and started the matter of sexual intercourse, but any how she saved herself. The incident was witnessed by the complainant's lover Dharam Singh and his companion Mohan Lal and they went to police station Kotwali Banda and submitted the written report thereon 17.4.85 at 7.30 a.m. and on the basis of the written report, the case was registered against the accused Beta Lal, Vijai Shankar Singh and one unknown person under section 376 IPC. and the case was investigated by S.I. Sri Ram Bahadur Yadav. She was also medically examined. No mark of injury was present on her body and no definite opinion about rape was given. After completion of the investigation, the charge sheet was filed against both the accused persons and they were charged under section 376 IPC. They have pleaded not guilty to the charge levelled against them and have claimed to be tried. Accused Beta Lal and Vijay Shanker Singh have further stated under section 313 Cr .P .C. that there was enmity with the journalists, so they have been, implicated falsely by them.

(3.) The prosecution has examined Kamla Bai P.W.-1, Dr. M.C. Mittal P.W.-2, Dr. P. Kumar P.W.-3, Sri Shobaran Singh, Head Constable P.W.-4, Sri Ram Bahadur Yadav I.O., P.W.-5 and Sri Rajendra Pratap Singh, S.P. Intelligence, Lucknow P.W.-6. Kamla Bai P.W.-1 is the only witness of fact in this case.