KAILASH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been filed against the judgment and order dated 29.11.2001 passed by VIth Additional Sessions Judge, Faizabad in Session Trial No. 1109 of 1996, under Sections 366, 376, 324 and 506 IPC arising out of Case Crime No. 86 of 1995, Police Station Inayat Nagar, District Faizabad. The accused-appellant along with Kailash was convicted under Section 366 read with Section 34 IPC and Section 376 IPC. They were sentenced under Section 366 read with Section 34 IPC for 3 years rigorous imprisonment with the fine of Rs.500/- each and in the event of non payment of fine, one month additional imprisonment. They were further sentenced under section 376 IPC for 3 years rigorous imprisonment with fine of Rs.500/- each and in the event of non payment of fine, one month additional imprisonment. It was directed that both the sentences would run concurrently.

(2.) Learned C.J.M. vide his letter No. 430 of 2017 dated 25.10.2017 submitted a report stating therein that the accused-appellant, Kailash had died 6 years earlier. In view of the aforesaid report, the Appeal of accused-appellant, Kailash gets abated.

(3.) The prosecution story, in short, is that on 20.03.1995 Sushila Devi, the prosecutrix, P.W.-1, gave a written complaint, Exh.Ka-1 at the Police Station Inayat Nagar, District Faizabad that the accused Kailash and Vishnu who were neighbours belonged to her family came and knocked her door. She believed that someone had come to greet her Holi. She opened the door and then both lifted her and took her to nearby wheat field of Ram Kewal and raped her one by one. She further said that when they lifted her from her house, at that time her children were sleeping. She further said that the accused threatened her that if she opened her mouth or go to police station, they would finish her. She further said that when they committed rape, the accused Vishnu bit her on thigh. She further said that she was terrified as the accused were having vigil around her and, therefore, she could not come to the police station earlier nor did she tell the incident to anyone. She said that on that day when the accused had gone to Faizabad, she had reached to the police station to lodge the First Information Report. On the basis of the aforesaid complaint, FIR, Exh. Ka-7, Case Crime No. 86 of 1995 under Sections 376 , 506 , 324 IPC, was registered at the police station.