RAMESH Vs. STATE OF U.P.

JUDGEMENT

(1.) These criminal appeals under Section 374 (2) Cr.P.C . have been filed by the appellants against the judgment and order dated 07.06.1997, passed by learned Sessions Judge, Lakhimpur Kheri, by which the appellants Ramesh, Dinesh and Mukesh have been convicted in S.T. No.68 of 1994 and sentenced to undergo R.I. for a period of Five Years for the offence under Section 376 (g) IPC . They have been further sentenced to undergo R.I. for one year for the offence under Section 452 IPC and for the offence under Section 506 IPC they have been sentenced to undergo R.I. for six months. All the sentence have been directed to run concurrently.

(2.) Since both the appeals have arisen out of the same crime number and have been decided by a common judgment by the trial court, hence both the appeals have been heard together and are being decided by a common judgment.

(3.) Brief facts relevant for disposal of the appeals are that the complainant Ram Rakhan, S/o Maiku Lal Teli, resident of Village Sansarpur, Police Station Gola, District Kheri lodged a written complaint on 18.09.1993 at Police Station Gola to the effect that on 17.09.1993, complainant and his younger brother Pooran Lal had gone to listen Bhagwat in the house of co-villager Shyam Singh Thakur leaving his wife (prosecutrix) in the house. When the prosecutrix was alone at her home, accused persons Ramesh, son of Nokhey Lal Verma, Mukesh, son of Ramadhar Verma and Dinesh son of Rameshwar entered into the house of complainant at about 10.00 P.M. out of them Ramesh committed rape upon the prosecutrix. When she tried to raise alarm, all the three accused persons gave threat to life. However, hearing the commotion complainant and his younger brother Pooran and co-villager Lallan, son of Satalley Nai and Shiv Narain came on the spot and all the three accused persons fled away giving threat to life. Accused persons were recognized in the torch light. A request was made to lodge the F.I.R.