KAPUR Vs. STATE OF U.P.

JUDGEMENT

(1.) These are two connected appeals aforementioned have been filed before this court challenging the common judgment and order dated 9.12.2009 passed by the Additional District and Sessions Judge, Fast Track Court No. 3, Bijnor, P.S. Dhampur, District Bijnor in Session Trial No. 153 of 2009 (State Vs. Kapur and another) connected with Session Trial No. 155 of 2009 (State Vs. Kapur) and Session Trial No. 154 of 2009 (State Vs. Sunil) whereby the appellants Kapur and Sunil Kumar have been convicted and sentenced to undergo 14 years rigorous imprisonment with a fine of Rs. 40,000.00 each under Sec. 376(2)(g) I.P.C. with default stipulation.

(2.) Since the controversy and facts involved in these appeals are the same, therefore, they are being heard and decided together by a common judgment with the consent of the parties.

(3.) In a short compass, the facts which give rise to the present appeals are that the application was moved by the victim with the allegation that she is resident of village Daulatpur Sukhya, Police Station Tehsil Dhampur, District Bijnor and is 18 years old. When she was standing in her courtyard on 9.12.2008 at 7-8 P.M., the appellants Kapur and Sunil Kumar came and on extending threat of causing injury with tamancha and knife, they dragged her inside the house and committed rape. At the time of incident, father of the informant was on his duty at petrol pump as chowkidar and mother of the victim has gone to grocery shop to purchase grocery. On alarm being made, witness Manoj and victim's mother came and accused persons ran away hurling threat. On the basis of the report, the case was registered being Case Crime Nos. 2506 of 2008 under Sec. 376(2)(g) , 506 IPC, 2508 of 2008 under Sec. 4 / 25 Arms Act and 2509 of 2008 under Sec. 4 / 25 Arms Act. The Investigating Officer copied the report lodged by the victim and recorded the statement under Sec. 161 Crimial P.C., prepared a site plan and submitted the charge-sheet against the appellants under Sections 376 and 506 I.P.C., and 4/25 Arms Act . But the trial conducted under Sec. 4 / 25 Arms Act ended into acquittal which are not under challenge in these appeals.