SUSHIL KUMAR Vs. STATE O

JUDGEMENT

(1.) SHIV Charan, J. Above mentioned appeals have been instituted against the judgment and order dated 27. 2. 2006 passed by the Additional Sessions Judge, Muzaffarnagar in ST No. 1165 of 1998 (State v. Sushil Kumar and others) under sections 376, 323 and 506 IPC, Police Station Khatoli, district Muzaffarnagar. By the impugned judgment and order the learned Sessions judge convicted the appellant Sushil Kumar under sections 376 and 323/34 IPC and sentenced 10 years Rigorous Imprisonment and also imposed fine of Rs. 10,000/-, in default of payment of fine to undergo further Rigorous Imprisonment for a period of one year. The learned Additional Sessions Judge convicted the appellant for the offence under section 323/34 IPC for 1 year Simple Imprisonment. The sentenced order to run concurrently. The appellants Bittu @ Devendra and Ravinder were convicted for the offence under section 323/34 and sentenced 6 months simple imprisonment.

(2.) THE brief narration of the facts are essential to mention: - Smt. Gomti wife of late Mool Chandra, Resident of Sikretha, Police Station Khatoli, District Muzaffarngar lodged the F. I. R. at the police station on 16. 9. 1994 at about 02:00 AM with the allegation that as usual on Thursday in the intervening night of 15/16. 9. 1994 at about 12:00 O'clock she went at her field for irrigation of her field. THE accused persons Sushil, Bittu @ Devender and Ravinder appeared on the spot and all these accused persons thrashed her by legs and fists and the accused Sushil committed rape on her. On her noise witnesses Ham Chandra, Take Chandra, and Naresh rushed at the spot. Seeing the witnesses, these accused persons escaped from the spot. Afterwards at about 4:00 AM complainant victim was medically examined at Government Hospital, Khatoli.

(3.) I have heard Sri Arjun Singhal, learned Counsel for the appellants, AGA for the State and perused the entire material on record.