- (1.) AMAR Saran and S. K. Jain, JJ. Heard learned Counsel for the appellant, learned AGA for the State and perused the record.
(2.) APPELLANT Kishan is seeking bail in this appeal against the judgment and order dated 26. 7. 2006 passed by learned Additional Sessions Judge Court No. 2, Aligarh in S. T. No. 6 of 1999, State v. Kishan under sections 307, 376 IPC and 3 (12) SC/st Act, P. S. Banna Devi, District Aligarh, whereby the appellant has been convicted for the charges under sections 323, 376 IPC and section 3 (2) (5) SC/st Act and sentenced for the offence under section 376 IPC to undergo R. I. for a period of ten years along with fine of Rs. 5,000/- and in default of payment of fine six months R. I. , for the offence under section 323 IPC he was sentenced to pay a fine of Rs. 1,000/- and in default of payment of fine one month's simple imprisonment and for the offence under section 3 (2) (5) SC/st Act he has been sentenced to imprisonment for life along with fine of Rs. 5,000/- and in default of payment of fine six months R. I. The prosecution allegations as per the written report made by Kanti at P. S. Banna Devi, District Aligarh on 25,7. 1997 at 2. 05 p. m. are that the appellant is resident of village Amarpur. He was tenant in the house of Kanti Devi. On 8. 7. 1997 he had hired her services for making "pooris" and had taken her to Kunja Gali. At about 9. 00 p. m. when Kanti Devi went to Urinate near a tube well and got up after urinating, the appellant along with one unknown person caught her and pulled her near the door of tube well, committed rape upon her and threw her into the well. She became unconscious and suffered injuries. She regained conscious in the Hospital. She is a lonely widow. Learned Counsel for the appellant contended that there is delay in lodging the FIR. First informant Kanti Devi slipped into the well and suffered injuries and the appellant has been falsely implicated in this case as there was some dispute about the payment of rent. It has further been submitted by the learned Counsel that as per the G. D. entry of 9. 7. 1997 one Yatendra Kumar Sharma stated that Kanti Devi suffered injuries due to fall into the well.
(3.) PER contra, learned AGA argued that perusal of injury report of Kanti Devi suggests that on the date of occurrence she had suffered one lacerated wound 2. 5 cm. x. 5 cm. x muscle deep on left side near vagina, a lacerated wound 3 cm. x. 5 cm. muscle deep around the anus, which was bleeding. She had also suffered lacerated wound inside the vagina near left labia numora 3 cm. lenear abrasion. The prosecutrix has supported the prosecution story and her statement is corroborated by the medical evidence on record. It is now well settled principle of law that conviction can be sustained on the sole testimony of the prosecutrix, if it inspires confidence. We have given our thoughtful consideration to the submissions of the learned Counsel for the parties.;