RAJU Vs. STATE

JUDGEMENT

(1.) THESE three appeals bearing Crl.A. Nos.41/2011, 319/2011 and 728/2011 have been preferred by the appellants namely Raju, Nanehey and Ram Niwas respectively challenging the judgment dated 18.05.2009 vide which they were convicted for the offence punishable under Section 366 and 376(2)(g) IPC and also the order dated 25.05.2009 sentencing them under Section 366 IPC to undergo RI for four years with fine of Rs.1,000/- and in default, to undergo SI for two months and also under Section 376(2)(g) IPC to under RI for ten years with fine of Rs.2,000/- each and in default, to undergo SI for four months.

(2.) THE appellants namely Raju, Nanehey and Ram Niwas were tried and convicted by learned ASJ in Sessions Case No.8/2008 for committing the offence punishable under Sections 366 & 376(2)(g) IPC. Feeling aggrieved, all the appellants have preferred these appeals.

(3.) CASE FIR No.126/2004 under Section 363 IPC was registered against the appellants. The prosecutrix was brought to the police station by her father. After recording her statement, search was made for the offenders. While appellants Raju and Nanehey were arrested on 25.02.2004, appellant Ram Niwas was declared Proclaimed Offender. Statement of prosecutrix under Section 164 CrPC was got recorded on 28.02.2004. Prosecutrix as well as appellants Raju and Nanehey were got medically examined. After completion of investigation, chargesheet was filed against them. Subsequently, on the arrest of appellant Ram Niwas, supplementary chargesheet was filed against him.