RAM CHARAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 27-11-1980 passed by Sri S.B. Singh, the then IIIrd Additional Sessions Judge, Ghaziabad in S.T. No. 110 of 1978 State v. Ram Charan and Mahendra whereby he convicted both the accused-appellants under Sections 365 and 376, I.P.C. and sentencing each one of them to undergo R.I. for a period of two years for the offence under Section 365, I.P.C. and R.I. for a period of 5 years for the offence under Section 376, I.P.C.

(2.) The prosecutrix in this case is Km. Santosh, daughter of Shanker Lal Harijan. Her father had died before the occurrence and she lived with her mother Smt. Dharmo P.W. 3 along with her younger sister Yashoda and one more younger sister and one younger brother. The prosecution story was that on 16-3-1978 at about 11 A.M. the prosecutrix was abducted from her mother's house by the accused-appellant Ram Charan and his three companions, one of whom was Mahendra accused-appellant. Ram Charan accused-appellant had come to the house and told the prosecutrix that her mother who was a mid-wife had asked for the medicine box, that at that time these two accused-appellants and their two companions Harbansh and Munna caught hold of her and closed her mouth with the help of handkerchief and dragged her and carried her at a taxi to the shop of Mahendra accused-appellant at Kallupura and there she was kept confined and in the night she was raped by all the 4 culprits. She claimed that she was made to smell something by which she became unconscious, that at 3 a.m. she regained consciousness and after that all the 4 culprits put her in a taxi and took her near Basant Cinema and left her there near a water tank and she was threatened that acid will be thrown on her if she would raise alarm. She came from there to her mother's house and narrated the incident to her and then went to the police station and lodged the F.I.R. there on the same day i.e. on 17-3-1978 at 6.15 p.m. and on its basis a case was registered under Sections 363, 365 and 376, I.P.C. against all the 4 of them.

(3.) The prosecutrix was sent for medical examination. She was medically examined by lady doctor Premlata Jain P.W. 7 on 18-3-1978 at 12 noon at the women hospital Ghaziabad. Her observations are as follows :"Examined Kumari Santosh d/o Shankar Lal, R/o Jatwada, Thana Ghaziabad at W.H. Ghaziabad at 12 noon brought and identified by constable Kalyan Singh 438 Kotwali, Ghaziabad G/E she is an average built girl. Ht. 166 cm. Wt. 100 Ibs. Teeth 14/14 spaces for third molar not formed. Breasts developed. Pubic and axillary hairs dev. There are marks of Bite all over face. Clothes are torn. Blood discharge from Rt. Nipple. M/I Old scar round in shape above the Umbilicus and Lt. side about 1/2", in diameter. P/V Hymen ruptured. Bleeding from vagina present. Fresh rupture of hymen is there. The Vagina admits two fingers with care at A/V N/S Fxs. clear. Vaginal smear sent for microscopic Exam. Age of the girl is about 16 years."