NANHAU @ AMIT KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) BOTH the aforesaid criminal appeals, arise out of a common judgment and order dated 02.08.1999 passed by the Special Judge SC/ST Act, Barabanki in S.T.No.100 of 1997, whereby the appellants have been found guilty under Section 376(2)(G) IPC and have been sentenced to undergo rigorous imprisonment of ten years along with a fine of Rs.1000/ - each. They have further been convicted and sentenced to undergo rigorous imprisonment of one year under Section 506 IPC. Therefore, both the appeals are taken up together and are being disposed of by a common judgment.

(2.) THE facts, in brief, are that the informant Nekram lodged the First Information Report on 20.10.1996 at about 2.30 p.m. with the allegation that on the said date at about 2.00 p.m. the appellants caught hold of his sister while she was going to the nearby sugarcane field to attend call of nature and all of them committed gang rape. They also threatened her not to disclose this incident to any one and in case she disclosed it to any one, she would be killed. The police registered a case on the basis of a written application of the informant and upon investigation found sufficient evidence against the appellants and submitted charge -sheet. During investigation, the Investigating Officer visited the place of occurrence and prepared the site -plan, interrogated the prosecutrix and other witnesses and also subjected the prosecutrix to medical examination.

(3.) THE prosecution in order to prove its case examined eight witnesses. The learned trial court on appraisal of evidence found that the prosecutrix was minor at the time of occurrence and all the four appellants had committed gang rape upon her and on the basis of the aforesaid evidence, the judgment and order of conviction was recorded.