ASHOK KUMAR Vs. STATE OF UP

JUDGEMENT

(1.) The two appellants Ashok Kumar and Pramod Kumar have challenged the impugned judgment and order dated 25.2.2003 recorded by the IVth Additional Sessions Judge, Court No.4, Ghaziabad in S.T. No. 364 of 1992, State Vs. Ashok Kumar and another, by which the Trial Judge has convicted appellant No.1 Ashok Kumar under section 376/34 IPC and appellant No.2 Pramod Kumar under section 376 simplicitor and has sentenced both them to undergo ten years rigorous imprisonment with a fine of Rs. 10,000/- each and has further directed that in default of payment of fine they shall suffer six months further R.I. The trial Judge has also directed for payment of Rs. Ten thousand as compensation to the prosecutorix victim in case the fine is recovered.

(2.) Eschewing unnecessary details prosecution allegations against the appellants in the written report Exhibit Ka-1 and later on testified before the trial court in the concerned S.T. No. 364 of 1992 State Vs. Ashok Kumar and another, through witnesses of facts, were that the victim is the daughter of informant, Chotha Ram, and Madan is her elder brother. On 13.3.1991 at about 11.30 a.m. when the victim was returning to her house after feeding buffalo, then the two appellants, Ashok Kumar and Pramod Kumar, dragged her inside unhibited vacant house of Hukum Singh PW-2 and appellant No.1 Ashok Kumar bolted the door from out side and then Appellant No. 2 Pramod Kumar ravishedg victim's chastity. Later on during the trial appellant No. 1 was also alleged to have committed the same offence, which allegation has been disbelieved by the trial court. Hue and cry by the victim attracted Hukum Singh, PW2 and Smt. Lado to the spot. Ashok Kumar appellant who was standing outside the closed door ran way from the spot. After unbolting the door, Hukum Singh and Smt. Lado witnessed appellant No.2 Pramod Kumar performing carnal sexual act with the victim. However pushing both the witnesses the said accused also escaped from the spot. The ignominy was narrated to the informant Chotha Ram by her son Madan in Ordinance Depot at Shakoor Basti, Delhi. The informant returned to his house and after verifying the facts from his daughter got a written report Ext ka 1 prepared and subsequently, after covering a distance of 6 k.m. South, lodged his FIR as Exhibit Ka-7 at P.S. Sahibabad, District Ghaziabad on the following day i.e. 14.3.1991 at about 12.10 p.m.

(3.) Head constable Om Veer Singh registered the written F.I.R. and prepared Chick report Ext. Ka 7 and the relevant G.D. entry. S.I. R.P.S. Chauhan commenced the investigation of the crime who copied the chick report and G.D. Entry and then recorded the statement of the victim and thereafter interrogated Om Veer Singh. I.O. thereafter penned down statement of Hukum Singh and other witnesses and then he copied the X-ray report and medical report of the victim. I.O. Also conducted the spot inspection and prepared the site plan Exhibit Ka-5.