(1.) Heard Sri Prashant Vyas, learned Counsel for the Appellant and learned AGA in opposition.
(2.) Appellant, Mahendra Prajapati has been convicted and sentenced by Session's Jhansi in Sessions Trial No. 87 of 2008, State of U.P. v/s. Mahendra Prajapati, Crime No. 1166 of 2007, under Ss. and IPC, P.S. Sipri Bazar, District Jhansi and the maximum sentence awarded to him is of ten years R.I. with fine of Rs. 50,000/ -.
(3.) The back ground facts, as are culled out from the impugned judgment recorded by the Sessions Judge, Jhansi are that on 5.11.2006, victim was going to the house of her friend Honey. In the way, Sunny, brother of Honey met her driving a Maruti Car. Sunny offered a lift to the victim for going to his house. Since Sunny was known to the victim, she agreed and boarded the car. Car was then driven by him to some unknown destination. Victim raised objection. Meanwhile, Mahendra Prajapati, present Appellant also boarded the said car. The car was get locked from inside, stereo was switched on full volume and thereafter, the car was driven to Orchha forest where the victim was forcibly stripped off her cloths by all the three miscreants, who all then committed rape upon her including present Appellant.