JAGGO Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal has been filed by the appellants challenging the judgment and order dated 18.2.2006 passed by the Additional Sessions Judge Court No.3 Aligarh in Sessions Trial No. 394 of 2003 under section 376 read with section 342 IPC wherein the appellants Jaggo and Shyam were convicted & sentenced ten years rigorous imprisonment with a fine of Rs. 10,000/- each for the offence under section 376 IPC and in default of payment they had to under to go one year further imprisonment and under section 342 IPC, accused appellants were further directed to serve out sentence of six months rigorous imprisonment each. All the sentences awarded by the learned Additional Sessions Judge were directed to run concurrently.

(2.) The genesis of the prosecution story giving rise to the present case is that a first information report was lodged on 26.12.2002 at 8.00 p.m. by Prem Pal who was the Jeth of the victim Kamlesh wife of Pappu. It is narrated in the first information report that on 23.12.2002 in between 6 to 7 p.m. in the evening , the victim Kamlesh along with mother of the complainant and the wife of his elder brother had gone to attend nature's call in the field of Deen Dayal . The appellants Shyam ,Jaggo and an unknown person appeared and forcibly dragged Kamlesh ,the wife of his younger brother. The malfactors were duly recognised by the mother of the complainant in the light of the torch flashed by her. The victim raised alarming voice for help but the appellants and the unknown malfactor disappeared taking the victim. On hearing the shriek and cry of the victim, co-villagers gathered and made their best efforts to search out the victim but the victim could not be traced . On 24.12.2002, the mother of the complainant had informed on telephone with respect to the said incident. The complainant came back to his house on 24.12.2002 in the evening. On 24.12.2002, the victim was found in an unconscious condition near the house of Indrapal . On resuming the consciousness, the victim narrated that she was raped by Jaggo, Shyam and an unknown miscreant several times.

(3.) On the report of the complainant, a Case Crime No.365 of 2002 under sections 376/342 IPC was lodged. The investigation was handed over to Jashvir Singh S.I. P.W. 6. The victim was admitted in Malkhan Singh hospital where she was medically examined . The investigating officer had recorded the statement of the witnesses and had prepared the site plan . The investigating officer after collecting convincing and credible evidence submitted charge sheet against the appellants . The charges were framed against the appellants Jaggo and Shayam under sections 376/342 IPC . The appellants abjured the charges and claimed trial. To prove its case, the prosecution had examined Prem Pal (P.W.1) the complainant, Smt. Kamlesh (PW.2) who was the victim, Smt. Brijesh (P.W.3) ,Jethani of the victim, Dr. V.P.Singh, P.W.4, P.W.5 Constable Ram Ratan , P.W.6 S.I. Jagvir Singh, P.W.7 Dr. Poonam Sharma . The accused appellants were also examined. Their statement under section 313 Cr.P.C. was recorded wherein they had denied the prosecution version and stated that they were maliciously being prosecuted in the presence offence on account of village rivalry and partibandi. In support of their stand, Smt. Dropa (D.W.1) who was mother in law of the victim was examined .