ASHOK KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) This Criminal Appeal has been filed against a judgement and order dated 03.2.1982 passed by the learned Additional Sessions Judge-VIII, Agra in Sessions Trial No. 708 of 1979, under section 376 IPC, police station Sarainya, district Agra whereby the accused-appellant has been convicted under section 376 IPC and sentenced to three years rigorous imprisonment.

(2.) In the present judgement, I do not propose to mention the name of the victim girl in view of the provisions of Section 228A IPC and in pursuance of the observations made by the Hon'ble Supreme Court in para-4 in the case of State of Himachal Pradesh Vs. Shree Kant Shekari, 2004 AIR(SC) 4404, the prosecutrix (herein after referred to as 'victim'.

(3.) In short compass the facts of the case are that a written report was lodged by Vijay Singh, the first informant at 1.00 PM on 5.12.1977 to the effect that at about 7.00 AM when his daughter had gone to the mustard field of Raja Ram Singh to attend the call of nature, accused Ashok came there running and got her down from behind and committed rape on her. On an alarm being raised by the victim that she is being ravished, co-villager Chhitaria, Bangali,, Sobran Singh, Tikam and others reached at the spot. On seeing them, the accused ran away from the spot. The victim reached home weeping and narrated the story to her mother. Thereafter the complainant Vijay Singh and his brother Tikam Singh went to complain about the incident to the accused's father where they were beaten by kicks and fists by Babu Lal, Dwarika, Bhudev, Jawahar and Roshan Lal. Thereafter they went to the police station to lodge the FIR.