Ranjana Pandya, J. - (1.) Challenge in this appeal is to the judgment and order dated 23.08.1996, passed by Second Additional Sessions Judge, Barabanki, in Sessions Trial No. 417 of 1992 (State v. Hari Shankar Chaurasiya and others) , registered as Case Crime No. 775 of 1991, under Sections 342, 366, 376 I.P.C., Police station Kotwali, District Barabanki, whereby, all the appellants were acquitted for the charges under Section 366 I.P.C. the accused were found guilty and sentenced for 5 years' rigorous imprisonment under Section 376 I.P.C. coupled with a fine of Rs. 1000/- each with default stipulation. Each of the accused was further sentenced to 3 months rigorous imprisonment under Section 342 I.P.C.
(2.) Filtering out unnecessary details, the prosecution case in brief is that a report was lodged by one Lalloo Awasthi stating that at the flat of Shiv Karan Singh Chaurasiya, transport company is being run. In one of the rooms of the transport company, the servants of Shiv Karan Singh namely Vijay and Bharat have closed the room and committed rape on a girl. The girl is raising alarm from inside the room. The informant Lalloo Awasthi made his companion Udai Narayan stand near the place of occurrence and came to inform the police.
(3.) On the basis of this information received by the police on 15.09.1991, the police proceeded for the spot. Hari Shanker Chaurasiya was found at the place of incident. The other room was locked from outside. Hari Shanker Chaurasiya opened the lock and a girl was found in the room. Both the accused Vijay Sharma and Bharat fled away. The victim told the police personnel that the accused had closed her in the room and had raped her. The accused Hari Shanker Chaurasiya was apprehended on the spot and recovery memo was prepared. On the basis of the information received by the police by Lalloo Awasthi, PW-1 C.P. Kailash Nath scribed the chik report which was proved by this witness as Exhibit Ka-1. He further proved the copy of G.D. as Exhibit Ka-2. Dr. Atika Sabbuddin PW-2 has medically examined the victim. She did not find any external or internal injuries on the body of the victim. She proved the medical report as Exhibit Ka-3. The victim was sent for determination of age and the radio logical report was proved by this witness as Exhibit Ka-4. Further this witness proved the pathological report as Exhibit Ka-5.;