- (1.) MUKTESHWAR Prasad, J. This criminal appeal by accused Harzeet Singh is directed against the judgment and order dated 2-7- 1981 passed by Sri J. N. Bansal, the then Sessions Judge, Lalitpur whereby he convicted the accused under Sections 376 and 323 of the Penal Code and sentenced him to undergo rigorous imprisonment for a period of seven years and six months respectively thereunder.
(2.) IN brief, facts of the prosecution case are as under: P. W. 4 Smt. Meera, wife of Hardu Rawat, a resident of Sagar, P. S. Girar, District Lalitpur handed over a written report at P. S. Girar on 10-9-1980 at 5. 30 p. m. and on the basis of her report, a case at crime No. 23 was registered against Harzeet Singh and Govind Singh under Sections 376/323 I. P. C. On 9-9-1980 at about 10. 00 a. m. Smt. Meera was going towards Jungal to ease herself from her house. On the way, she met her co-villagers Harzeet Singh and Govind Singh. Both asked her to run away with them but she refused to oblige them. They lifted her and took her to the Jungal. She was continuously threatened by both the accused and thereafter Harzeet Singh committed rape upon her. Accused Govind Singh also committed rape upon her forcibly. She continuously raised alarm but none reached there to rescue her. Again they asked her to run away but she did not agree to accompany. Thereafter, they assaulted her with Lathies and gave blows on her legs and hands. She raised hue and cry, which attracted her husband Hardu and her mother-in- law. When Meera's husband and mother-in- law reached there, the accused ran away. Smt. Meera was unable to move on account of injuries. She was brought home by her husband and mother-in-law. After sometimes, both the rapists arrived at the house of prosecutrix and asked her husband not to lodge any F. I. R. failing which they would be killed. On 10-9-1980 at about 11. 00 a. m. Hardu reached police outpost Dhorisagar and brought a constable to his house and then Meera accompanying by his mother-in-law and husband reached P. S. Girar and lodged the report.
(3.) AFTER registration of the case, the investigation was taken up by S. I. Ashok Kumar Nath the then S. O. , who interrogated Meera, her mother-in-law, Hardu, constable Kallu Singh and Prasant Kumar Jain, scribe of the written report. On 12-9-1980 I. O. visited the place of incident and prepared site plan. He collected broken bangles from the spot and prepared a Fard. The prosecutrix was sent to combined District Hospital Lalitpur for medical examination. After completing the investigation, the I. O. submitted charge-sheet against accused Harzeet Singh. Co- accused Govind Singh was charge-sheeted as an absconder.;