TAUKIR AND ANOTHER Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed against a judgement and order dated 09.5.2008 passed by the Additional Sessions Judge, Court No. 3, Saharanpur in ST No. 405 of 2007 arising out of case crime No. 163 of 2007 whereby the appellants have been convicted and sentenced to ten years RI under section 376(2)(g) IPC and a fine of Rs. 2000/- each and in default of payment of fine the appellants were directed to further undergo six months simple imprisonment. The appellants were further convicted and sentenced to six month imprisonment under section 323 IPC.

(2.) The facts as unfolded by the prosecution, in brief, are that a written report Ext. Ka-1 was handed over by the complainant of the case Shamshad, son of Shabbir, resident of village Hoaz Khedi at the police station Kotwali Dehat, Saharanpur on 15.3.2007 at 12.30 P.M., to the effect that his minor niece (name withheld) (hereinafter referred to as the victim) and his wife Mursida were at home whereas mother of the victim had gone to her Maika. On being asked by Makhruda, the neighbour that her mother had called her on telephone, the victim after taking permission from Mursida, her aunt, had gone to talk to her mother on telephone. When the victim did not return for 30 minutes, the complainant went to the house of Makhruda and enquired about the victim. On being told by Makhruda that the victim after talking on telephone went away some time back, the complainant along with other family members started searching the victim, but in vain. On 12.3.2007, when they were searching the victim and talking loudly in the sugarcane field and as soon as they reached at the sugarcane field of Tajmul, the Pradhan, the victim in an unconscious state came and started weeping. The complainant brought the victim home. Several persons were also there along with the complainant. On enquiry, the victim told him the sensational story. The victim told the complainant that Taukir, son of Irfan and Wasim, son of Munfait committed rape on her throughout the night one by one and have also beaten her. It is further mentioned in the report that on account of pressure of responsible persons, compromise was going on as the matter involves his reputation, but as the compromise could not be arrived at, he has lodged the report and prayed for necessary action in the matter.

(3.) On the basis of the aforesaid report a case was registered at case crime No. 163 of 2007, under sections 376 / 323 / 506 IPC, police station Kotwali Dehat, Saharanpur by PW-5 Head Muharrir Sunil Kumar (Ext. Ka-5), which was entered into GD vide Ext. Ka-6.