N. K. Mehrotra, J. - (1.) THESE three criminal appeals have been filed under Section 374 of the Code of Criminal Procedure against the judgment and order dated 15.10.1986 passed by the Assistant Sessions Judge, Lucknow in Sessions Trial No. 90 of 1985, State of U. P. v. Shitla Bux Singh and others, convicting and sentencing accused Shitla Bux Singh under Section 376, I.P.C. to eight years' R.I. and under Section 342/34, I.P.C. to two months' R.I. and accused Mahendra Pratap Pandey and Harish Chandra under Section 342/34, I.P.C. to two months' R.I. and eight years' R.I. under Section 376/109, I.P.C.
(2.) HEARD the learned counsel for accused-appellants Shitla Bux Singh and Harish Chandra and Shri Bal Ganga Dhar Tripathi, the learned Additional Government Advocate. Nobody appeared from the side of accused-appellant Mahendra Pratap Pandey. According to the prosecution story, Bisroo was residing in the campus of 'Tools Training Institution', U. P. Lucknow (Amausi Industrial Area Lucknow) along with wife and children, Accused Shitla Bux Singh was the chaukidar in that training institution. Accused Mahendra Pratap Pandey was the 'Met' and accused Harish Chandra was a labourer. On 8.11.1981 at about 10.00 p.m., all the three accused entered into the 'jhuggi' of the complainant and took him away to the Administrative Block where he was illegally confined and he was threatened to be killed if, he makes cry. It is alleged that accused Shitla Bux Singh was having a rifle. After that accused Shitla Bux Singh took away Smt. Kadam, the wife of Bisroo under threat in another room of Administrative Block where he committed sexual intercourse forcibly with Smt. Kadam. After one hour of the incident, Bisroo was made free on 9.11.1981 at about 8.30 a.m. Thereafter, Bisroo lodged an F.I.R. and a criminal case was registered against the accused-persons by making an entry in the G.D. The investigation was started by S.I. Mahendra Singh. He arrested the accused persons on 9.11.1981 by making an entry in the G.D. The prosecutrix Smt. Kadam was sent for medical examination to the Women Hospital, Lucknow. His hymen was bearing old tears and there was no visible injury on the private part of Smt. Kadam. She was referred for X-ray. On the basis of the X-ray report, she was 19 years' of age at the time of the incident. She was habitual of sexual intercourse ; therefore, no opinion about rape could be given. After completing the investigation, the Investigating Officer submitted the charge-sheet against the accused-persons.
(3.) ACCUSED Shitla Bux Singh was charged under Section 376 and 342/34, I.P.C. and accused Harish Chandra and Mahendra Pratap Pandey were charged under Sections 342/34 and 376/109, I.P.C. The accused pleaded not guilty and alleged enmity for their false implication. The prosecution in support of its case examined P.W. 1 Lakhan, P.W. 2 Punau, P.W. 3 Smt. Kadam, P.W. 4 Bisroo, P.W. 5 S.I. Mahendra Singh and P.W. 6 Dr. Kanak Lata Tiwari.;