- (1.) PRESENT appeal dates back to the year 1982 and has been preferred by the State of U.P. being aggrieved by the judgment and order dated 6.8.1981 rendered by III Addl Sessions Judge, Lakhimpur Kheri whereby the court below recorded verdict of acquittal under section 366, 376, 376/109 and 511 IPC in Sessions Trial No 335 of 1980 State v Mohammad Ismail and other against the respondents accused.
(2.) THE incident in the instant case occurred on 2.2.1980 in which modesty of a hapless girl aged 12 -13 years of age was outraged by four accused in tandem. The author of the FIR is the own brother of the victim namely Markandey Lal Srivastava, which was lodged at police station on 2.2.1980 at 8.45 pm. The abridged version of the incident as contained in the written report is that on the day of occurrence while the victim was on way back from Arya Kanya Pathshala to her house situated in Mohalla Nai Basti at about 5 pm and as soon as she had neared the shop of Swami Dayal Halwai, situated near Hamdard Dawakhana in the main market, it started drizzling and therefore, she hired a rickshaw and as soon as rickshaw pulled in the lane, the accused persons namely, Mian, Munna and Lalla, natives of Mohalla Hathipur, jumped on the rickshaw and surrounded the victim at which the victim tried to alight from the rickshaw but she was pulled back by the accused by grasping her hands. To be precise, her one hand was grasped by accused Mian while the other hand of the victim was grasped by accused Munna. At the same time, Munna pulled out a small knife and brandishing the said knife, the accused Munna threatened her saying that in case she cried for help, he would pierce the knife into her stomach. Thereafter, the accused persons took the victim to a desolate place nearby. First of all, it is alleged, accused Mian outraged the modesty of the victim and at the time, when she was being ravished by Mian, her one hand was pinned down by accused Munna and her right hand was grasped tightly by accused Lalla. It is further alleged that the victim cried for help and pleaded with the accused. It is also alleged that after accused Mian, another accused Munna pinned her down to commit rape on her but he was kicked by Riyaz and it was Riyaz who then committed rape on her. It is explained that the accused persons were not known to the victim but their names came to be known when they were naming each other for taking turn on her. It is further stated that at the time of the incident, the sun was about to set in and street lights had been switched on. It is further alleged that at that very time, Iqbal Hussain and Naim resident of Mohall Hathipur Tatti happened to pass by and they heard the wailing of the victim and rushed to save the victim alongwith other people. Sensing trouble, the accused persons escaped towards Chakla. However, they were recognised while fleeing by the witnesses.
(3.) THE prosecution case further is that after the incident, the victim returned to her house on a rickshaw and narrated the incident to her family members. On the incident being told, the complainant drafted the report and submitted the said report at police station Kotwali. It was on that basis that the case was registered at case crime No 67 under section 366, 376, 376/109, and 511 IPC. The victim it would appear, was then taken for medical examination to Duffarin Female Hospital Lakhimpur where she was medically examined by Dr Indua Misra, then posted as E.M.O on 3.2.1980 at 12.30 am.;