AKHILESH AHIRWAR Vs. STATE OF U P

JUDGEMENT

(1.) This jail appeal has been directed against the judgment and order dated 29.03.2013 passed by the Special Judge, S.C./S.T. Act Jhansi in Special Trial No.28 of 2012, whereby the appellant was convicted under Section 376 (2) (g) I.P.C. and sentenced to imprisonment for life with a fine of Rs.10,000/-, in default to undergo simple imprisonment for additional six months, under Sections 323 and 506 I.P.C. and sentenced to imprisonment for one year each. All these sentences were directed to run concurrently.

(2.) The applicant-Gudia alias Shakuntala w/o Raju R/o 102, Kapoor Tekari Madak Khana, P.S.-Nawawaad, Jhansi, had lodged the First Information Report on 30.10.2011 at 14:45 hours at P.S.-Nawawaad, Sub-District-Jhansi, District-Jhansi against Dharmendra Kushwaha, Akhilesh Yadav, Bunty Yadav and two other unknown persons for commission of rape and assaulting her. In her first statement, the applicant had stated that she was serving as cook in a hotel of one Raju, which was situated in front of Maa Shera Medical Store near Medical College, Jhansi on monthly payment of Rs.2,500/-. One Dharmendra Kushwaha was also working as cook in the same hotel, therefore, they were known to each other. They used to go and cook food in marriage parties also. She, with the payment received to her, was nurturing her two daughters by living in maternal house. She stated that on 27.10.2011 at 11:00 AM, Dharmendra Kushwaha and his one friend, who was named as Akhilesh Yadav, came to her and told that Akhilesh Yadav is serving at Mauranipur in a better dhaba where she would get job of cook on payment of Rs.4,000/- per month, since one woman cook was needed in dhaba. She along with Dharmendra Kushwaha and Akhilesh Yadav travelled to Mauranipur through bus and reached there at about 03:30 noon, where two other friends met them. One of them was named Bunty Yadav and other one was not named. They all put her in a room and told that let the owner of dhaba come, then they would talk.

(3.) Thus, with pre-meditated connivance, they all five pushed her on ground in cruel manner with evil intention. When she cried, Dharmendra Kushwaha pushed her mouth and Akhilesh Yadav mounted upon her and started crushing and cutting her breast and forcibly raped her. Thereafter, Dharmendra Kushwaha, Bunty Yadav and other two unknown persons one after other had done the same activities and raped her. This happening continued for about seven hours and when she asserted to protest against their activities, they threatened to kill her. Dharmendra Kushwaha also caused injuries to nerves of her left hand with blade. Since there had been excessive bleeding, she became unconscious. Then they pushed her out of room and ran away. They also threatened her to kill her if she takes any legal action. She passed whole night in a hut and on next day, she collected some money by begging and returned on 28.10.2011 but she could not dared to lodge the first information report being in fear. When her family members and relatives supported her, then she submitted an application for lodging the first information report to the police station.