DEVI DAYAL Vs. STATE OF U. P.

JUDGEMENT

(1.) Present Criminal Appeal under Sec. 374(2) Cr.P.C. has been filed against the Judgment and Order dtd. 22/10/1994 passed by Jagdish Prasad, Special/Additional Sessions Judge, Lakhimpur Kheri in Sessions Trial No.73 of 1990 (State Vs. Debi Dayal and 3 others) arising out of Case Crime No.170 of 1989, under Ss. 394, 397, 366 and 376 I.P.C., Police Station Mitauli, District Lakhimpur Kheri convicting the appellants, under Ss. 376/366 I.P.C. and sentencing them to undergo rigourous imprionsment of ten years under Sec. 376 I.P.C. and furher sentencing them to undergo rigourous imprionsment of five years under Sec. 366 I.P.C. Both the punishment are directed to run concurrently.

(2.) In the guidelines of the Hon'ble Supreme Court, the name of the victim is not disclosed. Her name is referred as letter 'X'.

(3.) Wrapping the facts of the case in brief, at about 12:00 p.m. i.e. in the midnight of 10/11/6/1989 the informant Buddha Chamar alongwith his wife, his daughters namely; Goda and victim 'X' and his son Ram Prasad was sleeping in the courtyard of his old house and wingnut (dibari) was kept blown, four persons armed with gun and country made pistol entered in the house and took away his daughter victim 'X' aged about 18 years. On the hue and cry by her daughter i.e. victim 'X', his wife, his daughter Goda and son awoke and saw the accused presons namely Devi Dayal, Arjun Pasi, Ambika Pasi and Fareed Khan were kidnapping his daughter Victim 'X' was being taken by Devi Dayal and Ambika Pasi on the gun point, and accused Arjun Pasi and Fareed Khan robbed the nose ring, sutiya and anklet of his wife and daughter Goda and other household items containing clothes and Rs.1,000.00. When they raised alarm and villagers gathered, accused took to their heels. He tried to search out his elder daughter victim 'X', who came after about one an hour from the eastern side of village by crossing the river in wet clothes. She narrated the whole story that all the four persons carried her across the Pirai river and raped her one by one against her will in the bushes and after committing rape upon her all of them fled away.