ANWAR Vs. STATE OF U P

JUDGEMENT

(1.) ALL the aforesaid criminal appeals arise out of the judgment and order dated 30.11.1996 passed by the Second Additional Sessions Judge, Sitapur in S.T.No.715 of 1995, therefore, all the appeals are being taken up together and decided by a common judgment.

(2.) THE appellants Anwar and Nayeem have been found guilty for the offence of section 376 IPC and have been sentenced to undergo rigorous imprisonment of ten years each along with a fine of Rs.500/ -. They have also been convicted under Section 506 IPC and the period of sentence of each of them is one year. They have further been convicted under Section 3(i) (xii) SC/ST Act and have been sentenced to undergo rigorous imprisonment of six months. The appellant Munna has been found guilty for the offence under Section 376 red with section 109 IPC and has been sentenced to undergo rigorous imprisonment of ten years along with a fine of Rs.500/ -. He has also been convicted for the offence of Section 3(i) (xii) SC/ST Act and has been sentenced to undergo rigorous imprisonment of six months.

(3.) THE occurrence is said to have taken place on 21.07.1995 at about 2.00 p.m. when the prosecutrix had gone to attend the call of nature near railway crossing B.S.M. road, Sitapur. It is stated that at the same time the appellants caught hold of the prosecutrix and took her to a nearby mango grove belonging to Mashooque. The appellants Anwar and Nayeem forcibly committed rape on her while the appellant Munna was asked to keep a vigil so that nobody comes there. It is further stated in the FIR that when the prosecutrix raised alarm, the witnesses Hari Prasad and Daya Deen arrived at the place of occurrence and thereafter the appellant escaped from there. The informant Meena Devi lodged the FIR on 21.07.1996 itself at 4.35 p.m. The police on the basis of the written complaint registered a case against the appellants and proceeded with the investigation. The Investigating Officer visited the place of occurrence and prepared site -plan. He also took possession of the cloths of the prosecutrix which she was wearing at the time of incident. The prosecutrix was sent to the hospital for medical examination which was done on the next date on 22.07.1995 at 5.50 p.m. The police after completing the formalities of the investigation submitted charge -sheet against the appellants.