RAJESH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present two criminal appeals have been filed by the appellants against a common judgment and order dated 24.01.2017 passed by the Additional Sessions Judge, Ramnagar, District Nainital in Sessions Trial No.44 of 2016 "State Vs. Rajesh & another", whereby the accused/appellants have been convicted under Section 376-D of IPC and have been sentenced for twenty years rigorous imprisonment with a fine of Rs.20,000/- (Rupees Twenty Thousand Only) each and in case of default in payment of fine, they shall undergo six months additional simple imprisonment under Section 376-D of IPC. The accused/appellants have further been convicted under Section 323 of IPC and have been sentenced for six months rigorous imprisonment with a fine of Rs.500/- (Rupees Five Hundred Only) each and in case of default in payment of fine, they shall undergo fifteen days additional simple imprisonment.

(2.) Both the victim as well as the accused/appellants before this Court are labourers who work in the unorganized sector. Their work is of loading of riverbed material on "buggis", truck and other carriers. Although they are permanent resident of District Rampur in Uttar Pradesh, but presently they reside at Ramnagar, District Nainital, by making a temporary shed called "Jhopdi", near their workplace. The alleged incident is said to have been committed by two such labourers who were aged around 18 to 20 years respectively. The victim and her husband are also labourers in the same place. The victim was aged between 35 to 40 years at the time of the alleged crime.

(3.) The first information report lodged by the prosecutrix on 06.04.2016 at Police Station Kotwali Ramnagar, at 11:33 P.M., says that she works on the bank of Kosi River. Her husband and her children are also engaged in the same work. Two days back i.e. on 04.04.2016 at about 09:00 P.M., when she had gone to answer the call of the nature, the accused Udal and Rajesh caught hold of her, gagged her by a cloth and then raped her repeatedly. One of the assailants was also carrying a knife with which she was threatened.