RAM SAGAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri V.S. Parmar, learned amicus curiae for the appellants and learned AGA for the State.

(2.) Three accused persons who are appellants herein namely Ram Sagar appellant no.1, Sughar Singh appellant no.2 and Santram appellant no.3 sons of Kanaujilal Dhobi, residents of village Palia, Police Station Kurra, District Mainpuri, preferred this criminal appeal under Section 374(2) Cr.P.C. against the judgment and order dated 22.7.2006 passed by the Additional Sessions Judge, FTC No.1, Mainpuri, in Session Trial No.141 of 2003 State Vs. Ram Sagar and two others, relating to Crime No.54 of 2003, Police Station Dannahar, District Mainpuri whereby all the three accused-appellants, who are real brothers, have been convicted under Sections 363, 366, 376 I.P.C. and sentenced to undergo three years rigorous imprisonment with fine of Rs.1,000/- each under Section 363 I.P.C., in default of payment of fine, six months additional imprisonment, five years rigorous imprisonment with fine of Rs.3,000/- each under Section 366 I.P.C., in default of payment of fine, one year additional imprisonment and ten years rigorous imprisonment with fine of 5,000/- each under Section 376 I.P.C., in default of payment of fine, two years additional imprisonment. All the sentences have been ordered to run concurrently.

(3.) The prosecution story as alleged by Ramesh Chandra, who is first informant as well as father of the victim girl aged about 13-14 years in his written report Ext. Ka-1, evidence of Ramesh Chandra PW-1 and victim girl PW-2 is that the first informant Ramesh Chandra had taken his minor daughter (victim girl) PW-2 aged 13-14 years from his house in village Baramau, Police Station Bewar, District Mainpuri to Viharai for administering anti rabies medicine and after administering the said medicine, he got his daughter seated in the bus going from Viharai to Mainpuri. Thereafter, the first informant left for Agra. The victim girl was to go to Palia at the house of her maternal grandfather (Nana). The victim girl along with her father and family members, previous to the incident of the gang rape, was residing at Palia at the house of her maternal grandfather. The bus in which the victim girl was traveling, Santram, Sughar Singh and Ram Sagar (accused appellants) residents of the village Palia were also sitting in the same bus. Dharmendra and Khem Chandra boarded the bus at Bus Stand Dannahar. When the bus halted at Audanya Mandal near Brahmdeo, the accused-appellants had forcibly dragged the victim girl down from the bus and then made her seated in the nearby parked jeep, where Satyapal and Karua resident of village Ahmadpur and one Rajesh resident of Nagla Kuan belonging to Sakya caste were already sitting in the same jeep. They took her in the jeep to Mainpuri and kept her at some house. At the house in Mainpuri, the victim girl was allegedly gang raped by six accused persons. After keeping the victim girl at Mainpuri for two days, all the aforesaid six accused persons are alleged to have taken her to Ahmedabad by sniffing her some substance and on cries, her mouth was gagged with the cloth. At Ahmedabad, all the six persons are alleged to have gang raped her. After two-three days, the accused persons Sughar Singh and Santram came back from Ahmedabad where one more person Data Ram, who was elder brother of the accused Ram Sagar also reached. Data Ram is also alleged to have raped her.