INTEZAR Vs. STATE OF U P

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 31.5.2007 passed by learned Additional District & Sessions Judge, Fast Track Court no. 5, Gautam Budh Nagar in S.T. No. 33 of 1999 arising out of Case Crime No. 302 of 1999, under Sections 376(2)(G) and 316/34 I.P.C., Police Station Dadri, district Gautam Budh Nagar whereby all the accused-appellants, having found guilty were convicted and sentenced under Section 376(2)(G) I.P.C. with life imprisonment. A fine of Rs. 10,000/- was also imposed upon each of them. In default of payment of fine, they were to undergo additional imprisonment for 6 months.

(2.) We have heard Sri A.K. Singh, learned counsel appearing on behalf of the appellants, learned A.G.A. for the State and perused the records.

(3.) The prosecution case, in brief, is that the prosecutrix Smt. Shaukina, wife of Naushad on 6.7.1999 at 10.30 P.M. lodged a written report at Police Station Dadri, District Gautam Budh Nagar mentioning therein that on 4.7.1999 at about 1.00 P.M. when she was going from Ghaziabad to her paternal home situated at village Sadipur Chhidauli, District Gautam Budh Nagar and had reached near the jungle which is only 100 yards away from the abadi of village, all the three accused appellants forcibly overpowered her. They dragged her into the fields. The accused appellant Intezar gagged her mouth, accused Nanhey caught hold of her hands and accused Sher Khan committed rape with her. When she raised alarm, the villagers Yaseen and Tara Chand reached there. Seeing them, all the three accused appellants ran away. The prosecutrix on reaching home told about the occurrence to her mother and 'Bhabhi'. As her brother was outside the village at that time, she due to fear could not dare to go to the police station to lodge the report on the same day. The next day, when her brother reached the village, she alongwith her brother and other family members went to police station to lodge the report. On the basis of the written report submitted by her, Case Crime No. 302 of 1999 under Section 376(2)(g) I.P.C. was registered against all the 3 persons named in the F.I.R. and the matter was investigated. The police recorded the statements of witnesses. The prosecutrix was sent for medical examination and the doctor conducting her medical examination found the following injuries on her body :