# Alok Lodhi v. State of U.P

- **Citation:** (2016) 4 ILRA 676
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2016-03-29
- **Bench:** Mrs. Ranjana Pandya
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/alok-lodhi-v-state-of-u-p-43674
- **Pages:** 9

## Headnote

Criminal Appeal- Indian Penal Code, 1860 - Ss. 376/511, 342 - Attempt to rape a minor child -
Appreciation of evidence of child witness - Delay in lodging FIR - Medical corroboration - Distinction
between indecent assault and attempt to rape - Conviction under Ss. 376/511 and 342 IPC upheld.

Evidence Act, 1872 - Child witness - Evidence not to be rejected outright - Statement to be evaluated with
circumspection - Reliability - Absence of tutoring.

Criminal Trial - Delay in FIR in sexual offences - Delay explained - Trauma of victim and family - Not fatal
to prosecution case.

## Text

676 INDIAN LAW REPORTS ALLAHABAD SERIES
20. It is the case of the prosecution that the accused was armed with any weapon. He is said to have
committed rape alone on the victim. Forcefully rape on a young girl is definitely result in swelling on the
private parts of the victim of rape. Thus, the medical evidence does not support the commission of rape.
Medical report Exhibit Ka-5 proved by P.W. 6 Dr. Shikha Bhardwaj reveals that no external or internal
injury was found on the person of the victim. As per age of the victim is concerned, she was found to be
above 18 years of age as is evidence from Exhibit Ka-6. Thus, it appears that the victim was a consenting
party and to safe herself from shame, she built up this story, which is neither probable nor trustworthy. As per
the victim and her sister and her mother, the victim had sustained injuries and she was bleeding badly. There
are inconsistencies among all the three witnesses, whose statement are not supported by the medical
evidence. Even enmity of the accused with the mother of the victim i.e. the informant is admitted that when
she was contesting the Pradhani Election, the accused used to oppose her during the election. Thus, the
concealment of both the girls about knowing the accused from before and the admitted fact of enmity
coupled with the delay in lodging the F.I.R., the prosecution has miserably failed to prove its case beyond
reasonable doubt against the accused. The evidence of the victim is shaky, unreliable and not worthy of
credence.

21. Thus, on the basis what has been stated above, I find that the learned lower court has misled
itself in reaching to the conclusion that the accused-appellant is guilty for the offence charged. Thus, the
accused-appellant is entitled to be acquitted and the appeal is liable to be allowed. Hence the impugned
judgement of conviction and sentence dated 29.2.2012 passed by Additional Sessions Judge/Special Judge
(SC/ST Act), Fatehpur in S.T. No. 46 of 2009 (State Vs. Thakur @ Umendra Jogi) arising out of Crime No.
26 of 2008, under Sections 376 I.P.C. and 3(1)(xii) SC/ST Act, Police Station-Jafarganj, District-Fatehpur is
hereby set aside.

22. Accordingly, the appeal is allowed.

23. The accused-appellant is in jail. He shall be released forthwith in this case. The provisions of
Section 437A Cr.P.C. shall be complied with.

24. Let a copy of this order be sent to the trial court concerned.
----------
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 29.03.2016

BEFORE

THE HON'BLE MRS. RANJANA PANDYA, J.

Criminal Appeal No.- 2589 Of 2013

Alok Lodhi ...Appellant
Versus
State of U.P. ...Respondent
4 All. Alok Lodhi Vs State Of U.P.

677
Counsel for the Appellant:
Santosh Kumar Nigam,Arjun Singh Yadav, R.N.Singh, S.Agarwal,S.D.Yadav

Counsel for the Respondent:
Govt. Advocate

Criminal Appeal- Indian Penal Code, 1860 - Ss. 376/511, 342 - Attempt to rape a minor child -
Appreciation of evidence of child witness - Delay in lodging FIR - Medical corroboration - Distinction
between indecent assault and attempt to rape - Conviction under Ss. 376/511 and 342 IPC upheld.

Evidence Act, 1872 - Child witness - Evidence not to be rejected outright - Statement to be evaluated with
circumspection - Reliability - Absence of tutoring.

Criminal Trial - Delay in FIR in sexual offences - Delay explained - Trauma of victim and family - Not fatal
to prosecution case.

 1. The occurrence having taken place in daytime and the report having been lodged about eighteen and half
hours later, the delay stood sufficiently explained by the trauma suffered by the parents of a six-year-old
victim and did not render the prosecution case doubtful. (paras 11-14)

2. The testimony of the informant and the mother of the victim remained natural, cogent and trustworthy,
and nothing material emerged in cross-examination so as to discredit their version. (paras 17-18)

3. Evidence of a child witness cannot be rejected outrightly and is required to be appreciated with greater
circumspection; when read along with the evidence of other prosecution witnesses, it inspired confidence and
bore the grain of truth. (paras 19-20)

4. The trial court had satisfied itself regarding the intelligence and understanding of the child witness before
administering oath, and the statement given by the victim was found to be voluntary and based on her own
recollection of the incident. (para 21)

5. Minor contradictions in the statement of the child victim, keeping in view her tender age and the
surrounding circumstances, were held to be inconsequential and did not affect the core of the prosecution
case. (paras 21-23)

6. Medical evidence showing soreness at the vaginal orifice, though hymen was intact, corroborated the oral
testimony of the victim regarding sexual assault. (paras 17, 23)

7. The acts of bolting the door, disrobing the victim and himself, making the victim catch the penis and
placing his penis on the vagina unmistakably demonstrated preparation and determination to commit rape,
bringing the act within the ambit of attempt to rape and not merely indecent assault. (paras 24, 26)

8. The defence version put forth in the statement under Section 313 Cr.P.C. was not supported by any
credible evidence and failed to dent the consistent prosecution case. (para 26)

HELD (Paras 26,27): Thus, in the present case the accused had made every preparation to rape the victim.
In the statement under Section 313 Cr.P.C. the accused has stated that 'Payal' of his mother was stolen by
the victim. When he pressurized her to admit her guilt, he was beaten and was falsely implicated in this case.
But there is nothing on record to substantiate the aforesaid statement in as much as although the victim has
admitted that Payal of the accused was stolen but she denied the further allegations. Thus, I conclude on the
678 INDIAN LAW REPORTS ALLAHABAD SERIES
basis of what have been stated and discussed above and find that the appeal deserves to be dismissed.
Accordingly, the appeal is dismissed. The conviction and sentence of the appellant as awarded by the
learned Additional Sessions Judge, Fatehpur by the impugned judgment and order is confirmed.

Case Law discussed:

Mohd. Ali @ Guddu v. State of U.P., (2015) 7 SCC 272 (Para 12)
State of Rajasthan v. N.K., AIR 2000 SC 1812 (Para 12)
State of Rajasthan v. Narayan, AIR 1992 SC 2004 (Para 12)
State of Himachal Pradesh v. Prem Singh, AIR 2009 SC 1010 (para13)
 State of Orissa v. Sukadev Pradhan, 1987 Cri LJ 605(para 15)
Pawan Kumar & Anr v. State of Haryana, (2004)4 scc 379(para16)
Panchhi v. State of U.P., (1998) 7 SCC 177 (para 21)
 State of Punjab v. Gurmit Singh, AIR 1996 SCW 998 (para 22)
Ahmed Asalt Mirkhan,(Cri. Q. No.161 of 1930 decided on 12.08.1930 in Law of Crimes by Ratanlal
Dhirajlal,p.922) (para 25)

(Delivered by Hon'ble Mrs. Ranjana Pandya, J.)

1. The appellant has preferred this appeal challenging his conviction and sentence awarded
by learned Additional Sessions Judge, Court No. 2, Fatehpur vide judgment dated 10.05.2013
passed in Session Trial No. 374 of 2011 (State Vs. Alok Lodhi) arising out of Case Crime No. 160
of 2011, under Sections 376/511, 342 IPC, PS Kotwali, District Fatehpur whereby accused
appellant Alok Lodhi was found guilty under Sections 342, 376/511 IPC and sentenced to one
year's simple imprisonment under Section 342 IPC and five years' simple imprisonment under
Sections 376/511 IPC and a fine of Rs.10,000/- with default stipulation.

2. Shorn of unnecessary details, the prosecution story against appellant is that on 05.04.
2011 at 3 o' clock in the day time, the daughter of informant aged six years was playing.
Suddenly, accused Alok took the girl to his room. He made the girl catch his penis and asked her
to masturbate and he was attempting to rape her. When the victim raised hue and cry, the wife of
informant namely Chheddan and other people rushed to the spot, at which accused appellant Alok
Lodhi fled away. He was later on traced and brought to the police station by the informant and a
first information report was lodged at 09:30 AM on 06.04.2011 on the basis of which a case under
Sections 376/511, 342 IPC was registered against the appellant at Crime No. 160 of 2011, the
investigation whereof was entrusted to SI Mohd. Saleem Siddiqui. The victim was sent for medical
examination. The investigation ended in to a charge sheet against the accused appellant.

4. After committal of the case to the Court of Session charges for offences punishable
under Section 376 read with Section 511 and 342 IPC were framed against the accused, who
pleaded not guilty and claimed to be tried.

5. In order to prove its case the prosecution examined four witnesses. PW-1 is Faiyaz,
father of victim who proved the written report as Ext. Ka-1. PW-2 is Cheddan, mother of the
victim. PW-3 is the victim. PW-4 is SI Mohd. Saleem Siddiqui.
4 All. Alok Lodhi Vs State Of U.P.

679
6. After close of the prosecution evidence, statement of accused was recorded under
Section 313 Cr.P.C., who again denied the entire prosecution story and also the circumstances
appearing against him in the incident stating that Payal of his mother was stolen by the victim.
When the victim was pressurized to reveal the truth, the accused was assaulted by the family
members of the victim, who sustained serious injuries and a false case was got registered against
him.

7. The learned trial Court after hearing the counsel for parties convicted the accused
appellant as indicated in para -1 of the judgment.

8. Feeling aggrieved, the accused has preferred this appeal.

9. I have heard Sri S.D. Yadav, learned counsel for appellant, learned AGA for State and
perused the record.

10. The learned A.G.A. has supported the impugned judgment and order of the Court
below and submitted that the findings of the fact recorded by the trial court are based on evidence
of the prosecutrix and that no corroboration was required when the testimony of the prosecutrix
was clear, cogent and convincing. He has further contended that there was nothing to show that the
prosecutrix has falsely implicated the accused and the appeal is liable to be dismissed.

11. At the outset, the counsel for appellant has submitted that the occurrence is said to have
taken place on 05.04.2011 at 3 o' clock in the day time and report was lodged on the next date at
09:30 A.M., the distance of place of occurrence being three kilometers. Thus, there is an inordinate
delay in lodging the first information report which is fatal for the prosecution case.

12. As far as delay in lodging the first information report is concerned, in the first
information report it has been stated that when the accused was seen by the mother of victim and
other people of the colony, he fled away. He was later on traced and brought to the police station.

13. Perusal of the chik report Ext. Ka-2 reveals that the report was lodged about eighteen
and half hours after the incident. In (2015) 3 SCC (Cri) page 82 : Mohd. Ali @ Guddu Vs. State
of U.P. the Apex Court has held that delay in lodging FIR in cases under Section 376 IPC would
depend upon facts of each case and this Court has given immense allowance to such delay, regard
being had to the trauma suffered by the prosecutrix and various other factors. The Hon'ble Apex
Court in State of Rajasthan Vs. N.K. Accused :AIR 2000 SC 1812 has observed as follows :

"We may however state that a mere delay in lodging the FIR cannot be a ground
by itself for throwing the entire prosecution case overboard. The Court has to seek an
explanation for delay and test the truthfulness and plausibility of the reason assigned. If the
delay is explained to the satisfaction of the Court it cannot be counted against the
prosecution. In State of Rajasthan Vs. Narayan AIR 1992 SC 2004 this Court observed
680 INDIAN LAW REPORTS ALLAHABAD SERIES
True it is that the complaint was lodged two days later but as stated earlier Indian society
being what it is the victims of such a crime ordinarily consult relatives and are hesitant to
approach the police since it involves the question of morality and chastity of a married
woman. A woman and her relatives have to struggle with several situations before deciding
to approach the police. In State of Punjab Vs. Gurmit Singh & Ors. (supra), this Court has
held The Courts cannot overlook the fact that in sexual offences delay in the lodging of the
FIR can be due to variety of reasons particularly the reluctance of the prosecutrix or her
family members to go to the police and complain about the incident which concerns the
reputation of the prosecutrix and the honour of her family"

14. No doubt there are reasons, objects and aims of lodging prompt FIR and delay in
lodging the first information report more often than not, results in embellishment and exaggeration
which is a creature of an after-thought. A delayed FIR not only gets bereft of the advantage of
spontaneity, the danger of the introduction of a coloured version, an exaggerated account of the
incident or a concocted story as a result of deliberations and consultations, also creeps in, casting a
serious doubt on its veracity, as has been held by the Apex Court in State of Himanchal Pradesh
Vs. Prem Singh: AIR 2009 (SC) Page 1010 is extracted below:-

"This is trite law that Delay in lodging FIR more often than not, results in
embellishment and exaggeration, which is creature of an afterthought. A delayed report
not only gets bereft of the advantage of spontaneity, the danger of the introduction of a
coloured version, an exaggerated account of the incident or a concocted story as a result
of deliberations and consultations, also creeps in, casting a serious doubt on its veracity.
Thus, FIR is to be filed more promptly and if there is any delay, the prosecution must
furnish a satisfactory explanation for the same for the reason that in case the substratum of
the evidence given by the complainant/informant is found to be unreliable, the prosecution
case has to be rejected in its entirety."

15. The informant is PW- 1 Faiyaz who was subjected to the test of crossexamination but
there is nothing in his cross-examination which would render the FIR doubtful. Thus, after
suffering from the trauma by her parents of a small six years old girl being raped, the lodging of
FIR after eighteen and half hours would not be a delayed FIR. Although there is a slight delay
which has been explained by the informant, which remains uncontroverted.

16. As far as the occurrence is concerned, the counsel for appellant has submitted that
there are different versions of the prosecution case. As per the FIR there are only allegations of
outraging the modesty of victim, whereas according to the parents of the victim, the accused was
raping the victim and according to the victim herself she has not said that the accused actually
raped her. Thus, the case would by no stretch of imagination travel beyond the scope of Section
354 IPC. In support of the case, the counsel for appellant has placed reliance upon Mohd. Ali vs.
State by Inspector of Police : 2010 Cri L.J. (NOC) 384 (MAD.). On the same line, he has also
placed reliance upon State of Orissa Vs. Sukadev Pradhan : 1987 Cr L.J. 605. But the facts of
4 All. Alok Lodhi Vs State Of U.P.

681
that case are different in as much as in the aforementioned case there were allegations that the
appellant has penetrated his penis into vagina of the victim with force but the victim had no injury.

17. The counsel for appellant has also placed reliance upon State of Rajasthan Vs. Sri
Chand : 2015 AIR (SCW) 3293. But the facts of this case are also different.While relying upon
Pawan Kumar and another Vs. State of Haryana (2004) 4 SCC 379 it was submitted that in order
to come to the conclusion that an attempt to rape is committed it should be shown that the accused
was determined to have sexual connection (penetration) with the prosecutrix by all efforts in spite
of all resistance.

18. The counsel for accused appellant admitted the most of documents produced by the
prosecution and formal proof of the document was dispensed with as per the provision of Section
294 Cr.P.C. One of them is medical report of the victim Ext. Ka-3 which reveals that on internal
examination the hymen was found intact but there was soreness present in the vaginal orifice. The
child was a small minor girl whose elbow wrist and knee joint with epiphysis were not fused. PW1 Faiyaz, the father of victim has stated that the accused did bad work with his daughter. This was
how the little girl could have described the act of sexual assault in her own plain voice. But in
cross-examination he has specified that the accused was attempting to rape her but he did not
specify this because he was feeling very shy in mentioning this fact in the report as well as feeling
shy while stating before the Court. The court can understand the plight of an illiterate man to state
such a thing in open Court about his minor six years old child. But the statement of Faiyaz PW-1 is
natural and inspires confidence.

19. PW-2 is Chheddan who said that at the time of occurrence the victim was six years of
age. She came weeping to her mother and narrated the incident to her mother, PW-2. She also told
her mother that when the accused was closing his room, the victim resisted but he told that devils
come. She has further stated that the victim told her that the accused had touched his penis on the
vagina of the child. This witness also had to undergo the test of cross-examination but except
minor contradiction there is nothing on record to discredit her testimony.

20. PW-3 is the victim who has stated her age to be seven years. She is a child witness.
The Hon'ble Apex Court in Panchhi v. State of U.P. : (1998) 7 SCC 177 has observed about
'child witness', which reads as under :

"The evidence of a child witness cannot be rejected outrightly but the evidence
must be evaluated carefully and with greater circumspection because a child is susceptible
to be swayed by what others tell him and thus a child witness is an easy prey to tutoring.
The court has to assess as to whether the statement of the victim before the court is the
voluntary expression of the victim and that she was not under the influence of others."

21. It is trite law that the evidence of a child cannot be rejected outrightly and the same
must be evaluated with greater circumspection. When the evidence of PW-3 is read along with the
evidence of PW-1 Faiyaz and PW-2 Chheddan, it becomes quite clear that the accusation made by
682 INDIAN LAW REPORTS ALLAHABAD SERIES
them in their depositions is cogent, credible and had grain of truth and the same was not in any
manner to be influenced by any tutoring.

22. The fate of present case depends squarely upon the acceptability of the evidence of
child witness. I have not lost the sight of the fact that in the case of a child witness there is scope
for tutoring and unless the evidence is totally unblemished corroboration is necessary. With this
back ground the statement of child witness PW-3 (victim) has to be examined. The intelligentsia
of the victim was examined by the learned trial Court in its wisdom who put certain questions to
the child witness before she was administered oath and before she was asked about the case. The
learned trial Court also recorded its finding that the girl was intelligent enough and understood the
sanctity of oath. Hence the oath was administered to her. It appears that after this when the child
was asked certain questions regarding the rape, she started weeping loudly due to which her
statement had to be deferred. It appears that the statement of this witness was recorded in open
Court. Neither the proceedings were held in camera nor the atmosphere was made congenial
enough for the small child witness to feel comfortable. However, in her statement this witness has
stated that she was playing outside her house. The accused called her in his room to give her
biscuits. He took her inside in his room and made her lie on the Takath. He further made her catch
his penis. After that, he took off the Salwar of the victim. He also took off his clothes and put his
penis on vagina of the victim. She started screaming when she was turned out. She has also stated
that when the accused took her inside the room, he bolted the door of the room. This small child
witness was also put to the test of cross-examination in which she has stated that at the time of
occurrence she was only wearing a Salwar. Certain contradictions were put to this witness
regarding her statement under Section 161 Cr.P.C. but they are of no consequence keeping in view
the age of the child and the fact that the counsel for the accused himself dispensed with the formal
proofs of the most of prosecution documents and the statement of this witness has to be read in its
entirety to do justice with the accused coupled with the victim and her family. She has stated that
her parents told her what 'Bayan' was to be given by her in the Court. The Court can imagine the
difficulty that a small girl of 6-7 years feels while facing an advocate and remembering the
horrified incident which took place with her but at the time this witness to be a truthful reliable
witness because on being asked by the Court she stated : **eSus vkt tks ?kVuk ds ckjs esa c;ku fn;k gS] og
?kVuk eq>s ;kn gS rFkk viuh ;knnk'r ds vk/kkj ij c;ku fn;k gSA**

23. In State of Punjab Vs. Gurmit Singh : AIR 1996 (SCW) 998 the Hon'ble Apex Court
has observed as follows :

"OF late, crime against women in general and rape in particular is on the
increase. It is an irony that while we are celebrating women's rights in all spheres, we
show little or no concern for her honour. It is a sad reflection on the attitude of
indifference of the society towards the violation of human dignity of the victims of sex
crimes. We must remember that a rapist not only violates the victim's privacy and personal
integrity, but inevitably causes serious psychological as well as physical harm in the
process. Rape is not merely a physical assault - it is often destructive of the whole
personality of the victim. A murderer destroys the physical body of his victim, a rapist
4 All. Alok Lodhi Vs State Of U.P.

683
degrades the very soul of the helpless female. The Courts, therefore, shoulder a great
responsibility while trying an accused on charges of rape. They must deal with such cases
with utmost sensitivity. The Courts should examine the broader probabilities of a case and
not get swayed by minor contradictions or insignificant discrepancies in the statement of
the prosecutrix, which are not of a fatal nature, to throw out an otherwise reliable
prosecution case. If evidence of the prosecutrix inspires confidence, it must be relied upon
without seeking corroboration of her statement in material particulars. If for some reason
the Court finds it difficult to place implicit reliance on her testimony, it may look for
evidence which may lend assurance to her testimony, short of corroboration required in
the case of an accomplice. The testimony of the prosecutrix must be appreciated in the
background of the entire case and the trial court must be alive to its responsibility and be
sensitive while dealing with cases involving sexual molestation."

24. Thus, it is crystal clear that this child was not tutored and she narrated before the Court
what actually took place with her because the oral evidence of the prosecution witness is
corroborated by the medical evidence according to which soreness was present in the vagina orifice
of the victim.

25. I have closely scrutinized the entire testimony of the prosecution with reference to other
link evidence in the shape of medical evidence as also of the Investigating Officer and find that the
entire prosecution evidence with regard to the guilt of accused appellant is wholly consistent, clear
and reliable. PW-4 Investigating Officer inspected the spot, prepared the site plan which was
proved as Ext. Ka-8 and the charge sheet was proved as Ext. Ka-9. There is nothing significant in
the cross-examination of Investigating Officer. In the present case, there was nothing short of
attempt to rape because the appellant has disrobed himself. He has also taken off the only cloth i.e.
Salwar which was worn by the victim. Thus, it cannot be said to be only a case of an indecent
assault, rather it is a case of attempt to rape.

26. A case of indecent assault was decided by Mirza and Broomfield JJ. of the Bombay
High Court in Ahmed Asalt Mirkhan (Cri. Q. NO. 161 of 1930 decided on 12.8.1930 in Law of
Crimes by Ratanlal Dhirajlal, p. 922), wherein the complainant, a milkmaid, aged 12 or 13
years, who was hawking milk, entered the accused house to deliver milk. The accused got up from
the bed on which he was lying and chained the door from inside. He then removed his clothes and
the girl's petticoat, picked her up, laid her on the bed, and sat on her chest. He put his hand over 'her
mouth to prevent her crying and placed his private part against hers. There was no penetration. The
girl struggled and cried and so the accused desisted and she got up, unchained the door and went
out. It was held that the accused was not guilty of attempt to commit rape but of indecent assault.
The point of distinction between an offence to commit rape and to commit indecent assault is that
there should be some action on the part of the accused which would show that he is just going to
have sexual connection with her.

27. Thus, in the present case the accused had made every preparation to rape the victim. In
the statement under Section 313 Cr.P.C. the accused has stated that 'Payal' of his mother was stolen
684 INDIAN LAW REPORTS ALLAHABAD SERIES
by the victim. When he pressurized her to admit her guilt, he was beaten and was falsely
implicated in this case. But there is nothing on record to substantiate the aforesaid statement in as
much as although the victim has admitted that Payal of the accused was stolen but she denied the
further allegations. Thus, I conclude on the basis of what have been stated and discussed above and
find that the appeal deserves to be dismissed.

28. Accordingly, the appeal is dismissed. The conviction and sentence of the appellant as
awarded by the learned Additional Sessions Judge, Fatehpur by the impugned judgment and order
is confirmed.

29. The appellant is in jail. He shall serve out the remaining part of his sentence.

30. Let certified copy of this order be transmitted to the Court concerned for compliance.
----------
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 08.04.2016

BEFORE

THE HON'BLE ARVIND KUMAR TRIPATHI, J.
THE HON'BLE ARVIND KUMAR MISHRA-I, J.

Criminal Appeal No.- 2726 Of 1986

Ram Prasad & Ors. ...Appellants
Versus
State Of U.P. ...Respondent

Counsel for the Appellants:
S.V. Goswami

Counsel for the Respondent:
A.G.A.

CRIMINAL LAW - Murder - Common intention under S. 34 IPC - Direct evidence of participation -
Appellant Ram Sewak and his father Ram Prasad, armed respectively with a country-made pistol and knife -
Ram Sewak caught hold of injured PW-1, enabling Ram Prasad to inflict knife blows -further chased injured
parents and his brother- One of Accused again overpowered the victim and the other co-accused made fatal
knife blows- Conduct of appellant in overpowering both injured and deceased persons- Vicarious liability -
accompanying other accused and assisting reflects a prior meeting of minds-even though one of the accused
did not use any arms/weapons-his participation was integral to the execution of the assault Common
intention inferred- Liability under S. 34 IPC rightly applied - Conviction sustained.

Evidence - both injured witnesses - gave a consistent, natural account of the incident - Credibility-
testimony supported by medical reports showing multiple incised and lacerated wounds - Corroboration by