LAKHAN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 14-8-1981 passed by Sri R.D. Mathur, the then IVth Additional

(2.) The prosecutrix in this case is Smt. Pan Kumari, a married woman. Her age on the date of occurrence as estimated on the basis of ossification test by Dr. C.B. Agrawal was 19 years and the said estimate has been believed by the learned Sessions Judge and there is no reason to doubt the same.

(3.) The prosecution case was that the prosecutrix Smt. Pan Kumari had come to her parent's house in Havetputra in the days of occurrence, that on 18-2-1977 she had gone in the noon to collect green fodder from matiyara field of Dr. of village Munar, that while she was going to the field she found all the three accused appellants sitting together on a hillock, that when she was plucking green fodder from the field, the accused-appellants reached there, accused Lakhan Singh caught her Jholi, in which she was keeping the plucked fodder and clasped her and asked her as to why she was taking the green fodder from his field, whereupon, she said that it was the field of the Dr. that thereupon, the accused-appellant Lakhan Singh threw her to the ground, that she asked from Jassi accused-appellant as to why he does not forbid Lakhan Singh accused who is throwing her to the ground, that on this all the accused-appellants started laughing and clapping, that Lakhan Singh accused-appellant committed rape upon her gagging her mouth, that after it all the 3 accused-appellants ran away from there, that Michchu and Natthu witnesses came to the spot, that the prosecutrix made the complaint to them about the occurrence, that she went back to her parent's house weeping, that on that day, her brother had gone to some other village, her mother had gone to her Maika and her father had also gone there, that on information being given, her parents came, that her father accompanied her to the police station on 19-2-1977 and dictated her FIR to the clerk constable in the noon at 12.10 p.m. on that basis a chick report was prepared and a case was registered under Section 376 I.P.C.