REGENT COMPUTRONICS PVT. LTD.

Guddoo And Others Appellant

V/S

STATE OF U P Respondents

Referred Judgements :-

JUDGEMENT

(1.) Instant Criminal Appeals have been filed against judgment and order dated 2.11.1996 passed by Additional Session Judge, Court No.2, Bahraich in Session Trial No. 179 of 1994 whereby accused appellants Guddoo, Prem Chand, Magadhu and Parmanand were found guilty under sections 363, 366, 342, 376(1) of IPC and all the appellants were sentenced for two years rigorous imprisonment with fine of Rs. 1000/- under Section 363 IPC, three years rigorous imprisonment with fine of Rs. 1000/- under Section 366 IPC, six months rigorous imprisonment under Section 342 and ten years rigorous imprisonment with fine of Rs. 4000/- under Section 376 IPC. In case of default of payment of fine, the appellants have been further sentenced to undergo rigorous imprisonment for six months. All the sentences were directed to run concurrently.

(2.) The prosecution story reveals that on 15.11.1993 when at about 2.00 P.M., the complainant was going to his house from market and reached near Bakshipura, Kailash Nagar, Indira Shikhsha Niketan then heard some noise of female. He stopped himself there and inquired from the women gathered there. The ladies present there intimated him that Prem Chand with his friends came with a girl and he is inside the room. Two persons were waiting and standing outside the room keeping watch on the situation. The complainant made a noise, on that, the persons standing outside the room fled away and after chasing them one of them was caught hold. One of the person who was inside the room also fled away from the room. He was also chased and was caught hold. In the mean time Shahid Ali, Abdul Rahman and Maya Ram reached there and when they entered into the room, they saw that the appellant Prem Chand was standing there in a naked position. The victim, a minor girl was crying on the floor. When inquired from the victim, she narrated that the accused appellant Prem Chand allured her by giving Rs. 20/- and came here with his friends and committed rape one by one. She had also communicated that Prem Chand, who was caught hold on the spot, allured her and committed bad thing inside the room one by one and two persons were keeping watch standing outside the room. In the mean time the persons gathered there, chased the appellant Magadhu also who was caught hold. The matter was reduced into writing and communicated to the police station with giving custody of the persons, present appellants to the police where a first information report was lodged under these sections and the victim was medically examined by the doctor. She was given to the custody of her guardian and after investigation, a charge sheet was submitted before the court. Learned Chief Judicial Magistrate took the cognizance and committed the case to the court of session where all the accused were summoned and charges under sections 363, 366, 376(2)(6) and 342 IPC were framed against them for which they pleaded not guilty and claimed for trial.

(3.) In order to prove the prosecution case, PW-1 complainant Vijay Kumar, PW-2 victim , PW-3 Maya Ram , PW-4 SHO Sushil Kumar Singh, PW-5 Dr. Sushma Mishra, PW-6 Constable Mohd. Jalis and PW-7 Constable Ram Awtar were examined. In the statement recorded under Section 313 Cr.P.C., 1973 the accused-appellants denied from the charges and stated that the complainant and the witnesses were inimical to them. The appellant Prem Chand had stated that he was called from a nearby place. He with his friends were falsely implicated in this case. No defence witness has been examined by the appellants. Learned trial court after examining and assessment of the evidence found all the accused appellants guilty and sentenced them, as above.

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GUDDOO AND OTHERS Vs. STATE OF U P

Referred Judgements :-

JUDGEMENT

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