Sumer v. State of U.P.

Court No. - 91

Case :- CRIMINAL APPEAL No. - 2233 of 1982 Appellant :- Sumer Respondent :- State of U.P. Counsel for Appellant :- Viresh Misra,Abhilasha Singh,Anwar Hussain Counsel for Respondent :- A.G.A.

Hon'ble Samit Gopal,J.

1. The present criminal appeal under Section 374(2) Cr.P.C. has been filed by the appellant Sumer against the judgement and order dated 2.9.1982 passed by IInd Additional Sessions Judge, Aligarh, in Session Trial No. 128 of 1982, State vs. Sumer, under Section 376 I.P.C., P.S.Gangiri, District Aligarh, by which he has been convicted and sentenced under Section 376 I.P.C. to three years rigorous imprisonment.

1. Name of the prosecutrix is not being disclosed and mentioned in the present judgment in the light of directions of the Apex Court in various judgements and Section 228 of the Indian Penal Code. She is, thus, referred to as ‘X’ in the judgement.

1. The prosecution case as per the G.D. report dated 1.3.1980, is that on 1.3.1980 Megh Singh (P.W.-1) got a report lodged, scribed by Lala Ram Vimal, alleging therein that he had gone outside his village on 29.2.1980 for some work and his son Narain had also gone out in connection with his profession, leaving the ladies being the wives of both persons at the house. Smt. Budhiya the wife of the first informant and ‘X’ the victim who is the daughter-in-law of the first informant were present in the house. At about 3.00 p.m. the victim ‘X’ had gone to ease herself in the wheat field of Natthu who is resident of village Naugawan, District Aligarh, wherein the appellant who is also the resident of same village and is Yadav by caste, reached there from his nearby field, caught hold of the victim ‘X’ from back side and committed rape on her. She raised hue and cry, on which Mohar Pal (P.W.-2), Raghubir and his brother Dhani Ram reached the place of occurrence, who were seen by the accused, he