ASLAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These appeals are directed against the judgment and order passed by the High Court of Judicature at Allahabad, Lucknow Bench in Criminal Appeal Nos. 51 and 92 of 1996, dated 06.07.2007. By the impugned judgment and order, the High Court has confirmed the judgment and order, dated 18.01.1996, passed by the Trial Court in S.T. No. 557 of 1992 whereby and whereunder the Trial Court has convicted the appellants for offence punishable under Sections 376 read with 34 of the Indian Penal Code, 1860 ("the IPC" for short) and sentenced them to undergo rigorous imprisonment for a period of seven years.

(2.) The prosecution case in brief is as under: The prosecutrix, aged about 19 years was married and had an infant daughter at the time of the incident. On 16.01.1992, at 5:00 P.M., the accused persons, Aslam and Galli, upon finding the prosecutrix (PW-1) working alone in her field, had gagged her and committed rape on her in turns. After the accused persons had left, the prosecutrix returned home crying and immediately narrated the incident to PW-2, Pradhan of the village. Since it was dark, PW-2 suggested to PW-1 to lodge the report in the police station next morning. On 17.01.1992, PW-1's complaint was scribed by PW- 2 and FIR NO.2 of 1992 was registered against the accused persons.

(3.) After due investigation, the accused persons were charged for the offence punishable under Section 376 read with Section 34 of the IPC and the case was committed to trial.