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

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 20.08.2009, passed by Additional Sessions Judge, F.T.C., 1, Badaun in S.T. No. 20 of 2005 (State Vs. Ujjawal and Another) arising out of Crime No. 315 of 2003, under Section 376(2)(g) I.P.C., Police Station-Faizganj, Behta, District-Badaun, whereby accused-appellants were found guilty under Section 376 (2)(g) I.P.C. and each were sentenced to 10 years rigorous imprisonment with Rs. 5,000/- fine with default stipulation.

(2.) Brief facts of the case are that on 27.9.2003 a report was lodged by the informant Chandra Pal stating that he is the resident of Faizganj, Behta. His daughter-in-law got ill after delivery, hence the informant and his wife went to Delhi alongwith his daughter-in-law. The daughter of the informant i.e. the victim and another daughter-in-law of the informant were at home. All the sons of the informant live in Delhi and did the work of labour. On 18.9.2003 at about 9:00 a.m., the victim was going to throw cow-dung, on the way the appellants Ujjawal and Nirdosh on the basis of gun and country made pistol gagged the mouth of the victim with cloth, took her in the maize field and raped her. This occurrence was witnessed by Munendra and Dalvir, who saw the accused persons taking away the victim in the maize fields. When the informant came back from Delhi, the victim narrated him the incident, at which he lodged the report.

(3.) P.W. 8, Dr. Beena Agrawal, conducted the medical examination of the victim. She did not find any external or internal injury on the body of the victim. Her vagina was admitting two fingers easily. The hymen was old torn and healed. There was no bleeding or discharge from the vagina. Slides of smear were prepared. This witness proved the medical report as Exhibit Ka-11 and supplementary report as Exhibit Ka-12.