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

JUDGEMENT

(1.) These three appeals have been preferred against the common judgment passed by Additional District and Sessions Judge, Fast Track Court No. 3, Bulandshahar dated 21.07.2015 in S.T. No. 1130 of 2013 (State vs. Raj Singh and others) registered at Case Crime No. 65 of 2013, under Sections 376D, 452, 506-II I.P.C., Police Station Khanpur, District Bulandshahar whereby all the appellants were found guilty under Section 376D I.P.C. and were convicted for 20 years R.I. with Rs. 25,000/- as fine to each. All the accused were also found guilty under Section 452 I.P.C. and were convicted to 4 years R.I. with Rs. 5,000/- as fine to each and also under Section 506-II I.P.C. they were sentenced to 4 years R.I. to each. The sentences by which fines were imposed had a default stipulation. All the sentences were to run concurrently.

(2.) Brief facts according to the prosecution case and F.I.R. are that on 08.05.2013, the victim was alone in the house. Her children had gone out to play and her husband had gone to the fields. At about 04:00 P.M., the accused persons entered into her house. Raj Singh, the accused pointed gun at her, Satya Pal, the other accused caught her hands and accused Suresh committed rape on her. After this, the accused persons started saying that if she would lodge first information report then she and her husband would be murdered. When the victim raised hue and cry, Amar Pal, Jora Singh, Shree Pal and some other villagers came there who saw the accused persons fleeing away from the house of the victim. When the husband of the victim came to know about the occurrence in the field, he reached home. The victim narrated the incident to him. She went to the police station along with her husband to lodge the first information report but the report was not written. Then she moved an application to the S.S.P., Bulandshahar on 09.05.2013, but even then her report was not lodged. Hence, she moved an application under Section 156(3) Cr.P.C., on which orders were passed for registration of the first information report.

(3.) Previously, the investigation of the case was entrusted to S.I. Kamal Singh but on 16.09.2013, it was handed over to S.I. Prahalad Singh PW-7. This witness after investigation has submitted charge sheet against the accused persons and proved it as Exhibit Ka-6. On the basis of the first information report PW-6 Constable Ramesh Chandra prepared the chick report and proved it as Exhibit Ka-4 and copied the matter in the G.D. and proved it as Exhibit Ka-5.