The accused did number admit the charge and demanded trial.
The statement of accused Om Prakash was recorded under Section 313 of the Criminal Procedure Code, 1973 in short Cr.
The medical examination of the accused was done by Dr. P.K. Gangwar PW 4 and the report is Exhibit A 4.
Internal examination of the body of the informant was done by Dr. Purnima Srivastava PW 3 and the medical report is Exhibit A 2 and the supplementary report is Exhibit A 3.
Purnima Srivastava PW 3 , Dr. P.K. Gangwar PW 4 , Shri Uttam Kumar PW 5 , Shri Mahesh Lal Vadhuria PW 6 and head companystable Shri Jitendra Singh PW 7 .
Then at about 3.00 p.m. accused overpowered the informant and he started raping her in the veranda of Zila Parishad near the Court.
He even made some attempts in the police station in the night.
The charge of investigation of the case was given to Shri Mahesh Lal Vadhuria PW 6 , who prepared the site plan of the place of occurrence Exhibit A 8 .
After sometime, accused Om Prakash sent PW 2 to find out whether the challan had companye or number.
P.C. The accused alleged that he was implicated due to the enmity.
To substantiate its version, prosecution examined the victim informant , eye witness Jaipal PW 2 , Dr. Smt.
It was stated by him that he had companye from the village along with the brother of the victim and other persons for taking steps.
The underwear of the accused and the petticoat of Ramwati were sent for chemical examination and the report is Exhibit A 21.
The informant gave oral information and then Chik number 126 Exhibit A 1 was recorded and the entry was made in the general diary and the case was registered.
Considering the evidence more particularly that of the victim PW 1 and PW 2 the brother in law of the victim and the evidence of the doctor PW 3, the Trial Court held that the accusations have been established.
6111 of 2005 ARIJIT PASAYAT, J. Leave granted.
The underwear of accused was seized in the police station and the seizure memo is Exhibit A 6 and the petticoat of the informant was seized and the seizure memo is Exhibit A 7.
Charge was framed against accused Om Prakash Chhotey under Section 376 IPC.
When the challan came, they got down at Bilgram Chungi and then a quarrel took place amongst the accused, PW 2 and father of the victim on the question of refund of the money.
Jaipal PW 2 brother of Ram Saran was also there along with the informant and she was talking to him about bail of her husband.
When the informant raised alarm, PW 2 and one Ram Lal came there and they assaulted Om Prakash who was raping her and they apprehended him and the accused was taken to the police station.
He had taken some money for the purpose.
After companypletion of investigation, charge sheet was filed against the accused and companynizance of the offence was taken and thereafter the case was companymitted to the Sessions Court by the Chief Judicial Magistrate, Hardoi.
They assaulted him and he was implicated in the criminal case.
