PRATAP NARAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Accused appellant before this Court is Pratap Narain who was convicted under Section 376 I.P.C. and was sentenced to undergo R.I. for a period of seven years by Sri N. K. Maheshwari the then Sessions Judge, Fatehpur, vide his judgment and order dated 16-7-80. It appears that along with accused appellant Pratap Narain, Abbas Sadiq and Smt. Chunki were also put on trial, whereas Smt. Chunki was acquitted by the trial Court itself, but Abbas, Sadiq and Pratap Narain were convicted for seven years R. I. u/s. 376 I.P.C. Sadiq and Abbas were further convicted under Section 366 I.P.C. and were sentenced to give years R.I. each, Abbas and Sadiq preferred separate appeal against their conviction and sentence. According to the information conveyed to this Court by the learned counsel for the parties, appeal of Abbas and Sadiq has already been decided on the plea of bargain. That apart the present appeal was preferred before this Court only by accused appellant Pratap Narain and is being disposed of as under.

(2.) The prosecution story briefly stated is as follows :- The prosecutrix Smt. Abad Begam, P.W. 5 was the daughter of complainant Smt. Asgari Begam, P.W.5. She used to reside with her parents in Lahori Mohalla, Bindki, district Fatehpur in the year 1976. The occurrence of this case took place on 4-6-76 in between 8.00 A.M. to 2.00 P.M. in Mohalla Kujdaji, police station Bindki, district Fatehpur. The prosecution claimed that on the date of occurrence of this case i.e. 4-6-76, prosecutrix Km Abda who was then unmarried girl aged about 13-14 years went from her house to the market for purchasing vegetables. When she came near the shop of Chunni Halwai, accused Sadiq and Abbas met her. They both were residents of Mohalla Lahori and were well known to the prosecutrix since before. Accused Sadiq caught hold of the hand of the prosecutrix, accused Abbas showed a knife to her and directed her to silently go with them otherwise she would be killed. Feeling frightened, the prosecutrix started along with these two accused persons viz. Sadiq and Abbas. Accused Sadiq and Abbas took the prosecutrix to Mohalla Kujdahi in the house of accused Smt. Chunki Doctraine. They took her to the first floor of the said house. There she found the accused appellant Pratap Narain to whom the prosecutrix did not know since before. Accused Sadiq, Abbas and accused appellant Pratap Narain committed rape upon the prosecutrix. According to the prosecutrix first of all Abbas raped her, then Sadiq raped her and then accused appellant Pratap Narain raped her and went away. The prosecutrix claimed that the Doctraine Smt. Chunki (who was since acquitted by the trial Court itself) brought bucket of water and asked the prosecutrix to wash hands, legs and private parties. She also washed away the blood which had fallen on earth. The prosecutrix put her on her Salwar and thereafter the Doctrine viz. Smt. Chunki went out of the room and closed the door of the room. Thereafter, after about an hour at about 1-2 P.M. the prosecutrix mother Smt. Asgari Begam, P.W.8 came into the said room along with Sadiq, P.W.1 Jamil P.W.2, Faiyyaz, P.W.3, Mushtaq, P.W.7 also and rescued the prosecutrix. The prosecutrix narrated the tale of her woes to her mother. The mother of the prosecutrix thereafter took the prosecutrix to police station Bindki where she lodged a written report Exh. Ka. 2 about this occurrence naming therein accused Sadiq, Abbas and one unknown as also Doctrine as accused persons.

(3.) Investigation of the case was conducted by S. I. Abrar Ahmad, P.W.9 who was then posted as S. K. IInd at police station Bindki. S. I. Abrar Ahmed recorded the statement of Head Moharrir Deo Raj who registered the case and referred the prosecutrix for her medical examination to Women Hospital Fatehpur. He thereafter along with Head Constable Ram Babu, H. C. Mohd. Ishaq and Badri Prasad went in search of accused persons and arrested accused appellant Pratap Narain. He made the accused appellant Pratap Narain Baparda and took him to the house of Smt. Chunki at about 7.00 P.M. He arrested Smt. Chunki and interrogated her. He had given instructions to accused appellant Pratap Narain to conceal his identify because he was to be put up for identification. After despatching accused appellant Pratap Narain and Chunki for being produced before the Court, S.I. Abrar Ahmad started in search of named accused Sadiq and Abrar. He recorded the statement of accused appellant Pratap Narain on 5-7-76 and thereafter he recorded the statements of P.W.1 Sadiq, P.W.2 Jamil, P.W.3 Faiyyaz, P.W.4 Bhola, P.W.6 Ram Babu and P.W.7 Mushtaq. The Investigating Officer inspected the scene of occurrence at the instance of prosecutrix Abada and her mother Smt. Asgari Begum on 8-7-76, as prosecutrix and her mother had gone to Kanpur for X-ray examination. He received medical examination report of the prosecutrix on 8-7-76. Accused Sadiq and Abbas surrendered before the Court on 22-7-76. The Investigating Officer recorded the statement of accused Sadiq and Abbas on 5-8-76. He submitted thereport for identification of accused appellant Pratap Narain. Accused appellant Pratap Narain was put up for identification on 2-8-76 in presence of Sant Lal, P.W.10, the Executive Magistrate Fatehpur. The accused appellant was correctly identified by the prosecutrix Smt. Abida, P.W.5 Her mother Smt. Asgari Begam, P.W. 8, Ramu P.W.6 and Mushtaq, P.W.7. After needful investigation and trial into the matter, the accused appellant Pratap Narain, Abbas and Sadiq were found guilty and were convicted as aforesaid. Aggrieved by the said judgment of the trial Court, accused Abbas and Sadiq preferred separate appeal being Criminal Appeal No. 1551 of 1980 and the accused appellant Pratap Narain preferred the present Criminal Appeal being No. 1552/80.