- (1.) VIRENDRA Saran, J. These are two Criminal Appeals. Criminal Appeal No. 43 of 1983 has been filed by Jhinkoo Singh son of Bhagauti, resident of Sarwa, Police Station Kotwali Dehat, district Bahraich and Criminal Appeal No. 50 of 1983, has been filed by Shyam Lal and Putti sons of Lukhram, Residents of village Gauria Har Rajpur, Police Station Kotwali Dehat, district Bahraich. Appellants Shyam Lal and Putti have been convicted under Section 366 I. P. C. and Section 376 I. P. C. Appellant Jhinku has been convicted under Section 376 I. P. C. The appellants have been sentenced to undergo four year's rigorous imprisonment. The sentences have been ordered to run concurrently.
(2.) THE prosecution case is that on 21-6-1980 Raj Dulari daughter of Lalji, the informant, was at her house. Lalji had gone to work at his field. At about 7 P. M. Lalji returned and found the prosecutrix Raj Dulari absent at the house. He made a search for his daughter and he was informed by Babu and Asharam that his daughter had been enticed away by appellants Shyam Lal and Putti. THE words used are, "bahla FUSLA KAR BHAGAYE HAIN". When the girl could not be traced out, Lalji came to the Kutchery and got a report scribed when he handed over at the police station on 22-6-1980 at 2-45 P. M. It was also mentioned in the first information report that the girl had taken away some ornaments alongwith her. A case was registered and investigation ensued. After six days of the disappearan ces, Raj Dulari was recovered by the police. She was medically examined by Dr. Rita Chhatterjee on 1-7-1980 at 10. 30 AM. On medical examination, the doctor found that the height of Raj Dulari was 4 feet 11 inches. There were 7/7 teeth. The doctor did not find any injury on her person. The breasts were well developed. Vagina admitted two fingers easily and there was not bleeding. Vagina smear was taken and subjected to chemical examination but not spermatazoa were directed. X-Ray of the elbow and wrist joints were also taken and it was found that Epiphysis around elbow and wrist joints were all united. The doctor found that Raj Dulari was about 18 years of age and that no definite opinion about rape could be given as she was used to sexual intercourse. After investigation, the accused were charge-sheeted and the appellants were committed to the Court of Sessions. At the trial, the appellants denied the charges and claimed to be tried. In support of its case, the prosecution examined six witnesses in all. (P. W. I) Lalji is the informant and is father of Raj Dulari. (P. W. 2) Babu is resident of village Gauria and has deposed that he saw the appellants Shyam Lal and Putti going on a cycle and Raj Dulari was also goingwith them. (P. W. 3) Raj Dulari is the prosecutrix and the victim of the offence. (P. W. 4) Ram Narain is resident of village Lalpur and has deposed having seen the prosecutrix going alongwith Putti and Shyam Lal on Parsaura-Lalpur road. He also deposed about arrest of the Raj Dulari by the police. He further stated that one of the accused had run away and he could not be apprehended. (P. W. 5) Dr. Rita Chatterjee had medically examined the Prosecutrix, (P. W. 6) is S. I. , Gaya Prasad Tfewari who is the Investigating Officer of the case.
(3.) AFTER analysing the evidence on the record the learned IIIrd Additional Sessions Judge, Bahraich came to the conclusion that the prosecution has proved its case against the appellants as mentioned above. I have heard Sri. L. P. Misra on behalf of appellant Jhinkoo and Sri R. D. Pathak, learned Counsel appearing on behalf of appellants Shyam Lal and Putti. I have also heard learned Counsel for the State.;