Surya Prasad, J. - (1.)This is a criminal appeal against the judgment and order passed by the then learned V. AddI. Sessions Judge, Bulandshahr, dated 17th October, 1979 in Session Trial No. 153 of 1979 State v. Lekh Ram, convicting the appellant under section 376, I.P.C, and sentencing him to three years Rigorous Imprisonment.
(2.)The prosecution case briefly stated is that the appellant-accused Lekh Ram has committed rape on the prosecutrix Km. Jagriti daughter of Bhuley Gujar resident of village Madhaiya Noorpur, Police Station Gulaoti, District Bulandshahr on 14-12-1978 at about 4.30 P.M. in the Barseem field of her father, where she had gone to watch Barseem Crop. She made hue and cry at the time of rape alleged to have been committed by Lekh Ram. Consequently Ramu and Lakshmi Gujar rushed to the place of occurrence. Seeing them, the accused ran away. The prosecutrix accompanied by her father Bhuley and Lakshmi went to the police station, where she lodged an oral report on the basis of which a case was registered against the accused u/s 376, I.P.C. From the police station she was sent to the hospital for medical examination. The Lady Dr. Smt. Manjula Sharma medically examined her and submitted her report vide Ex. Ka2. Investigation ensued. After the completion of the investigation of the case, a chargesheet was submitted against the accused.
(3.)The prosecution examined prosecutrix Km. Jagriti P.W.1, Ramu P.W.2, Lakshmi P.W. 3, Dr. Smt. Manjula Sharma P.W. 4, S.I. Baboo Lal P.W.5, Dr. H.U.K. Juberi P.W. 6 and Satya Pal Singh P.W.7 and relied upon certain documents in support of its case.