AMZAD Vs. STATE OF U. P.

JUDGEMENT

(1.) Since these two appeals arise out of a common judgment and order dtd. 24/7/2010 passed by the Special Judge/Additional Sessions Judge/Fast Track Court No.1, Saharanpur in Special Sessions Trial No.23 of 2006 (State Vs. Amjad) and Special Sessions Trial No. 23A of 2006 (State vs. Dalbeer), arising out of Crime No. 126 of 2005, under Ss. 363, 366, 376 (2) (g) I.P.C. and Ss. 3 (1) (xii) and 3 (2) (V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short "S.C./S.T. Act"), Police Station-Nangal, District Saharanpur, whereby both the accused-appellants have been convicted and sentenced them to undergo (i) four years rigorous imprisonment for the offence punishable under Sec. 363 I.P.C. with a fine of Rs.3,000.00 each, in default thereof, they have to further undergo six months additional imprisonment; (ii) seven years rigorous imprisonment for the offence punishable under Sec. 366 I.P.C. with fine of Rs.6,000.00 each, in default thereof, they have to further undergo one year additional imprisonment; (iii) 10 years rigorous imprisonment for the offence punishable under Sec. 376 (2) (g) I.P.C. with fine of Rs.10,000.00 each, in default thereof, they have to further undergo one year additional imprisonment; (iv) life imprisonment for the offence punishable under Ss. 3 (1) v) S.C./S.T. Act with fine of Rs.5,000.00 each, in default thereof, they have to further undergo one year additional imprisonment; and (v) two years simple imprisonment for the offence punishable under Ss. 3 (1) (xii) S.C./S.T. Act with fine of Rs.2,000.00 each, in default thereof, they have to further undergo three months additional imprisonment, with an observation that all the sentences are to run concurrently, both the appeal are being decided by this common Judgment.

(2.) We have heard Mr. Virendra Singh Parmar and Mr. Hariom Singh, learned counsel for the accused-appellants and Mrs. Archana Singh, learned A.G.A. for the State and have carefully perused the materials available on record.

(3.) On the basis of a written report given by the brother of the victim namely Mathuram (P.W.-2) stating that he belongs to schedule caste and his sister (victim) aged about 15 years had gone to attend natures call at about 7:00 p.m., on 23/8/2005 but has not returned and on inquiry P.W.-3 and one Vedu, son of Banarasi have informed him (P.W.-2) that the accused persons were following her and they are not available in their house and apparently have enticed the victim, who is a minor, first information report came to be lodged on 27/8/2005 at 4:10 P.M. The victim has been recovered on the same day i.e. 27/8/2006 vide recovery memo (Exh. K-1). As per the recovery memo the police party apprehended the accused-appellant Dalveer from the sugarcane field in the village itself and the victim was also found with him. The recovery has been made at 5:30 P.M. on the date of lodging of the FIR. After recovery of the victim, she was medically examined by the Doctor on the same day. The medical examination report of the victim is marked as Exhibit-Ka-8, wherein no injury has been noticed. It would be worthwhile to reproduce relevant portion of the medical examination report of the victim, which reads as follows: