Yogendra Kumar Sangal, J. - (1.) This appeal was filed by the accused in S.T. No. 586/1991 under Sec. 376, 504 and 506 IPC, P.S. Sakran, District Sitapur related to case crime No. 74/1990 against the judgment and order dated 26.05.1993 passed by VI Additional Sessions Judge, Sitapur convicting the accused -Appellant for the charge under Sec. 376 IPC and acquitted him for the offence under Sec. 506 subclause (2) IPC. He was sentenced to undergo 10 years R.I.
(2.) As per prosecution case, prosecutrix was grazing her she Buffalo near Khanta Tal towards South of her village. After some times, she Buffalo disappeared and she was in its search. Accused meet her and on his information that she Buffalo is in the grove of Banwari when she was going towards the grove of Banwari. Accused Banne alias Laxmi Shanker came there and caught and drawn her towards the grove of Banwari with a bad intention. When she tried to raise alarm, her Dhoti was inserted in her mouth and she was forced to lay down on the earth and he committed rape on her. After committing the offence, he has also threatened her to face the consequences, if she utter about the incident to anybody. However, she raised alarm, Avatar, Chandrika came there. Accused succeeded in escaping from there. As her husband was out of village, Shatrohan was sent to inform and to call her husband. When he came, a report was lodged at police station concerned. On the same, a case was registered against the accused for the offence under Sec. 376, 504, 506 IPC. Investigating Officer started investigation in the matter. Dhoti of the prosecutrix was taken and memo was prepared. She was sent for medical examination and report was collected. Statement of witnesses were recorded. Site plan of place of occurrence was prepared and after concluding the investigation, he had submitted charge -sheet against the accused for his trial.
(3.) After taking cognizance in the matter, learned Magistrate has committed the case to the Court of Session as the case was exclusively triable by the Court of Session. Learned Session Judge framed charges against the accused for the trial under Sec. 376, 506 Sub -clause (2) IPC, but the accused claimed not guilty and pleaded for his trial.;