TOKEY AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against judgement dated 5.2.2010 passed by Additional Sessions Judge, Court No. 3, Kanpur Dehat in S.T. No. 439 of 2010 Crime No. 118 of 2010, under Ss. 376 I.P.C., Police Station -Derapur, Kanpur Dehat, whereby the accused Tokey and Brij Kishore were found guilty under Sec. 376 I.P.C. and each were sentenced to 10 years rigorous imprisonment coupled with Rs. 5,000/ - fine with default stipulation.

(2.) Facts as stated in brief according to the prosecution case and the F.I.R. are that an application was moved under Sec. 156(3) Cr.P.C., which was ordered to be registered as an F.I.R. on 21.6.2010. In the application it was stated that the daughter of the informant Kumari Nisha aged about 17 years had gone to attend the call of nature on 24.5.2010 near her house at 3 O'clock in the day time. When she was returning after attending the call of nature accused Tokey and Brij Kishore, who was standing on the way pulled the victim inside the house of Tokey. Tokey bolted the house from the outside. Brij Kishore pointed country made pistol at her and raped her. When the victim was being caught, she raised alarm, which was heard by the informant, but he could not understand the incident at that time. But when he heard the shrieks of his daughter, he climbed on his roof and went to the roof of Tokey. He heard the weeping sound of his daughter, at this point of time the informant raised hue and cry, at which Chandan and Ram Bai came. All the three reached in the courtyard of Tokey in the meanwhile Tokey had opened the latch from outside at which Brij Kishore escaped after raping the victim. The victim was weeping. The informant took his daughter and went to the police station to lodge the report, but report was not lodged. The accused were tried to be apprehended, but they could not be apprehended. The family members of the accused said that they would marry the victim to their son. At this the victim was not medically examined. But Brij Kishore's father did not marry him to the victim, hence report was lodged.

(3.) Investigation was entrusted to the I.O. Data Ram, which was later on transferred to S.I. Shiv Prakash Sonkar P.W. 6. He examined the statements recorded by the previous Investigator as I.O. He also recorded the statement of witness Krishna Pal and tried to apprehend the accused on 3.7.2010. He perused the injury report of the victim and copied it in the Case Diary. The accused could not be apprehended on 6.7.2010 and 7.7.2010. On 5.7.2010 the statement of the victim was recorded under Sec. 164 Cr.P.C., which was copied in the Case Diary. Finally, on 17.10.2010 charge -sheet was submitted against the accused, which was proved by this witness as Exhibit Ka -8. This witness further recorded the statements and submitted charge -sheet against the other accused and proved it as Exhibit Ka -9. He further inspected the place of occurrence, prepared the site plan and proved it as Exhibit Ka -10.