ANNEY @ ANWAR Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal has been filed against the judgment and order dated 16th October, 2001 passed by the learned Additional Sessions Judge/Special Judge(SC & ST (PA) Act, Sultanpur in Sessions Trial No.77 of 1996, under Section 376 I.P.C., arising out of Case Crime No. 213 of 2002, Police Station Dhamaur, District Sultanpur. Vide impugned judgment and order, the accused-appellant had been convicted and sentenced to undergo seven years rigorous imprisonment under Section 376 I.P.C. with fine stipulation. It was further directed that half of the realized amount of the fine shall be paid to the prosecutrix as compensation.

(2.) The prosecution story, as unfolds, is that the prosecutrix and the accused-appellant were neighbours; on 12th August, 1992 at about 9:00 p.m. the prosecutrix went out of her home to urinate; she was forcibly lifted and taken by the accused-appellant to the Veranda of one Nawab Ali; the accused-appellant subjected the prosecutrix to sexual intercourse against her wishes and, thus, had committed the offence of rape; the prosecutrix did not resist, while she was being raped by the accused-appellant, but after reaching her home, she narrated the occurrence to her husband; the prosecutrix went to the police Station Dhamuar on the same night at around 11:45 p.m. and orally reported the incident to the police; and on the oral complaint of the prosecutrix, the case was registered against the accused-appellant.

(3.) The prosecutrix was sent to the District Women Hospital on the next day i.e. 13th August, 1992 for medical examination where she was medically examined by Dr. Neelima Bhatnagar at 7:00 p.m.; X-ray of her joints were taken by the Radiologist, Dr. J.B. Singh; Sub-Inspector, Shri R.K. Yadav investigated the crime; he recorded statement of the prosecutrix and the wittinesses and prepared the site-plan after spot inspection and thereafter filed charge-sheet in the Court of Chief Judicial Magistrate, Sultanpur.