VIPIN Vs. STATE OF UP

JUDGEMENT

(1.) You took away my pride, you took away my dignity. But most of all I am hurt, that you took my virginity. The person who broke me, is yet a mystry. All that is left for me, is whole hearted misery. ........................... ........................... My eyes get heavy, and I take my last breath. I close my eyes, and prepare my self for death. (unknown)

(2.) Present two connected appeals deals with one such situation wherein the three Appellants Vipin, Vikas and Sukhveer have challenged their conviction for offence of gang rape under Section 376(2)(g), I.P.C. and imposed sentence on each of them of ten years R.I. with fine of Rs. 50,000/- and in default in payment of fine to serve two more years of R.I recorded by Additional Sessions Judge, Court No. 1, Meerut, in S.T. No. 603 of 2005 State v. Vipin and Ors. vide his impugned judgment and order dated 17.5.2006.

(3.) Shorn of unnecessary details and stated briefly, charge against the Appellants are that on 2.5.2005 at 8.30 p.m., they had gagged the mouth and had physically lifted victim PW1,daughter of informant Devendra Singh Kashyap, while she was going to attend marriage ceremony of Renu, daughter of a co-villager Om Prakash, and took her to a nearby sugarcane field of Vijay Pal, where they all, one by one, outraged her modesty and escaped from the place. Victim, thereafter toddled to her house and narrated the ignomi-nous incident to her parents, whereupon, her father PW2 scribed a FIR, Ext. Ka2, about the incident and lodged it same night at 1.30 a.m. at P.S. Partapur, District Meerut, at a distance of 7 kilometers.