GUDUN Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Indra Pratap Singh, learned counsel for the appellants, Ms. Anupriya Jaiswal, learned AGA for the State and perused the record.

(2.) This appeal has been preferred by the convicts Gudun, Suresh, Jangay and Harish Chandra to set aside the judgment and order of conviction and sentencing dtd. 3/6/2000 passed by the XI-Additional Sessions Judge, Faizabad in ST No.827 of 1997 (State Vs. Gudun and others) arising out of Case Crime No.55 of 1997, under Ss. 376, 354, 506 IPC, Police Station Khandasa, District Faizabad whereby the accused persons had been convicted under Sec. 376/511 IPC for five years rigorous imprisonment and fine of Rs.2,000.00 each and in case of non-payment of fine to undergo six months additional incarceration; under Sec. 354 IPC for one year's rigorous imprisonment each; under Sec. 506(2) IPC for one year's rigorous imprisonment each. It was also directed that all the sentences shall run concurrently.

(3.) In brief, facts of the case are that informant Shreepal lodged an FIR on 8/3/1997 that in the night of 3/3/1997 at about 09:00 p.m. his daughter had gone outside the house to attend the call of nature. Gudun and Musey sons of Radhey Shyam, Suresh son of Jagram, Harish Chandra son of Salikram and Jangay son of Keshri threw his daughter on the ground. Gudun caught her breast and when Harish Chandra opened her saree with ill intentions, she cried, upon which Ram Dulare Yadav, Ramdev and Chandrika Prasad Tiwari and some other persons of his village reached on the spot and saw the accused escaping therefrom. As the matter was about his daughter, he did not approach the police but when they started threatening to kill him, he requested to lodge an FIR and protect him.