CHANDRA PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) MRS. Saroj Bala, J.-The legality of judgment and order dated 21.8.2002, passed by the Additional Sessions Judge/F.T.C. IV District Banda, whereby convicting all the five appellants Chandra Prakash, Dharmvrat alias Pappu, Surjan Singh, Hasan and Iqbal for the offence punishable under Section 376 (g), I.P.C. and sentencing each of them with rigorous imprisonment for ten years and fine of Rs. 1,000 and in default to undergo rigorous imprisonment of one month has been called in question by way of these appeals.

(2.) THE prosecution case as unfolded during the trial is essentially as follows :

(3.) THE then S.I. Sheorati Prasad (P.W. 9) took the responsibility to investigate the crime. He interrogated the victim and first informant Nathu Ram Gupta at the police station. He visited the place of offence and prepared the site plan (Ext. Ka-10) and took in police custody the broken bangle pieces, underwear, bed sheet from the bed of victim under the memo (Ext. Ka-7). He arrested accused Chandra Prakash on 13.6.1992. THE accused Dharmvrat alias Pappu, Surjan Singh, Lalla (deceased) were also arrested thereafter. He took their underwears in police custody. THE relevant pages of register of Bundelkhand Lodge were collected under the memo (Ext. Ka-11). After completing all the necessary formalities he submitted the charge-sheet (Ext. Ka-13) against the accused persons on 4.8.1992.