YOGENDRA KUMAR SANGAL,J. - (1.) THIS appeal has been filed against the judgment and order dated 13.08.1986 passed by Sri S.P. Misra, 3rd Additional Sessions Judge, Rae Barelly in S.T. No. 70/1986 State vs. Lokmal alias Loku under Section 376, 323, 504 and 506 IPC arising out of crime No. 137/1984 police station Kotwali, District Rae Barelly. By the impugned judgment and order, learned Sessions Judge held guilty to the accused appellant for the offence under Section 376, 323 IPC and sentenced him to undergo R.I. for a term of 5 years and 6 months respectively. Both these sentences are to run concurrently.
(2.) IN brief, the prosecution case is as follows:- On 20.03.1984 at about 11.35 P.M. prosecutrix lodged a written report at police station that she is student of B.A. Part-I and also in part time she is tutor of the niece and daughter of accused Lokmal who resides in the locality where she also resides. On 19.03.1984 at about 9.30 A.M. as usual she had gone for tutoring the girls at the house of the accused. When she was busy in her work in the room of first floor of the house, accused entered in the room. Out of two girls one went to bathroom and other was sent by the accused for bringing water for him. After going both the girls, accused closed the door from inside and pushed her on the bed with a bad intention. She tried to raise alarm but with the piece of cloth her mouth was gagged. He put off her "Salwar" and made her naked. When she again tried for her rescue again she was taken by him in his grip and he started committing rape with her. In the meantime, when the girls came and they knocked the door, he did not open the door and went on to ravish her with a threat that if she raised alarm or she will open her mouth about the incident before anyone, he will kill her. Both these girls brought their grand-mother there and on whose call he opened the door and escaped from there. The grand-mother of the girls brought her on the ground floor. On her hue and cry many persons of Mohalla and accused family assembled there. She was taken away to her own house by her uncle Nand Kishore where she had given the details of the incident to her mother and uncle. When they tried to go for lodging the report inhabitants of the Mahalla and family members of the accused threatened them to face the consequences, if the matter is reported to the police. Later on, a written report was submitted at police station by the prosecutrix and a case under Section, 376, 323, 504 and 506 IPC was registered against the accused. Investigation of the case was started by the police. After conclusion of the investigation, charge-sheet was submitted against the accused in the court. As the case under Section 376 IPC was exclusively triable by the court of session so after taking cognizance in the matter, learned Magistrate has committed the case to the court of session. Charges under Section 376, 323, 506 IPC were framed against the accused but he pleaded not guilty and claimed his trial.
(3.) IN support of its case, prosecution examined PW-1 prosecutrix; PW-2 Smt. Dada Bai (mother of the accused); PW-3 Kumari Sangeeta was niece of the accused; PW-4 Dr. Daya Chaturvedi; PW-5 Head Constable Kishan Niwas Tiwari; PW-6 Chhote Lal Choudhary; PW-7 Kesav Ram Verma Investigating Officer of the case and PW-8 Smt. Asha Devi Head Constable of police station concerned. Witnesses have proved material exhibited as Ex.Ka-1 to Ex.Ka-8 respectively.;