- (1.) MUKTESHWAR Prasad, J. Accused Brij Mohan, son of Shaktey, a resident of village Badrepur, Mazra-Bahorikpur, P. S. Jahanganj, Farrukhabad, has challenged the judgment and order dated 25-4- 2000 in this appeal under Section 374 Cr. P. C. whereby he was found guilty under Section 376 I. P. C. and was sentenced to suffer imprisonment for life. He was sentenced to pay a fine of Rs. 50,000/- also.
(2.) BRIEFLY stated, the facts of the prosecution case as unfolded during the trial are as under: P. W. 1 Mohd. Rafique, son of Abdul Razzaq, a resident of village Bhadosa, P. S. Jahanganj, Farrukhabad, is father of the victim and informant also. Both the informant and the accused had their plots quite adjacent to each other. The informant had sown the crops in the plot owned by Kanhaiya Singh. On 27-2-1999, the informant was cutting mustard (Laha) in his plot and his daughter Km. X (name withheld by us) aged about eight years was collecting stem of mustard in adjoining fields. Accused Brij Mohan was collecting Hariyali in his plot in which wheat had been sown. At about 12 O' clock, Brij Mohan finding Km. X alone caught and dragged her to adjoining wheat field and committed rape on her forcibly after pressing her mouth. She, however, cried out. After hearing the shriek, Mohd. Rafique, his brother Safiq and co-villager Baharuddin rushed there. Accused left the girl and ran away towards jungle. He was chased by the witnesses. Accused was well known to the informant since long. After the incident, Km. X was taken home and from there, the father and daughter reached P. S. Jahanganj. Mohd. Rafique got a report of the incident prepared by someone outside the Police Station and affixed his thumb-impression.
(3.) HEAD Moharrir, Nawab Sher Khan, prepared chick report and registered a case against the accused under Section 376 I. P. C. at crime No. 34 on the same day at 4. 30 p. m. and made entry in the G. D. at serial No. 27. A case was registered at the Police Station in the presence of S. I. Son Pal Singh. Investigation was entrusted to him. He interrogated the victim of rape on the same day at the Police Station and sent her to Dr. Ram Manohar Lohiya Hospital, Farrukhabad for medical examination alongwith Chitthi Majroobi. The I. O. left the Police Station alongwith necessary Police Force and reached the village in question. Accused was arrested on the same day and was brought to the Police Station and detained in the lock up vide entry in the G. D. at serial No. 43. Accused was interrogated.;