- (1.) M. A. Khan, J. This is an appeal arising out of the judgment and order dated 7-5-1993 passed by the learned VI Additional Sessions Judge, Faizabad, in S. T. No. 180 of 1990, thereby convicting the appellants of the offences punishable under Section 366/376/342 IPC.
(2.) THE facts leading to the prosecution of the appellants are that on 24-5-1989, Km. Malti Devi D/o Sri Sunder Lal, was kidnapped by the accused persons and was subjected to rape by the accused appellants against her wishes and without her consent. A report of the occurrence was lodged at the police station on which a case against the appellants was registered and after investigation, charge-sheet was submitted against them. Learned lower Court recorded evidence in the case, believed the prosecution theory, convicted the appellants and sentenced them as above. Aggrieved by the said judgment and order, the present appeal has been filed. I have heard the learned Counsel for the parties at length and I have gone through the record.
(3.) LEARNED Counsel for the appellants has drawn my attention to the medical evidence on record, which shows that the lady in question was aged about 19 years and she used to sexual intercourse and no internal or external injury was found on her body. Apart from it the same day a cross FIR was lodged by the accused persons against the complainant Sunder Lal earlier to the lodging of the FIR of this case. It appears that there was enmity from before between the parties and the case against the accused persons is the result of old enmity between the accused persons and the complainant. The learned Court below was thus not justified in believing the prosecution theory and convicting the appellants for the offences punishable under Sections 366/376/342 IPC and they are liable to be acquitted of the same.;