(1.) Charged for the offence of gang rape of the prosecutrix, vide impugned judgment dtd. 6/2/2015 the appellants have been convicted and sentenced to undergo RI for a period of 10 years and pay fine in sum of Rs.5,000.00, in default to undergo RI for six months.
(2.) The first appellant has undergone a sentence of 5 years 11 months and 24 days as of 24/1/2019 and the second appellant has undergone RI for a period of 5 years 10 months and 21 days as of said date.
(3.) FIR Ex. P-1 was registered by Constable Ghuda Ram, PW 1 on 20/11/2011, as per which he was posted at Surajpole Police Chowki Pratapgarh as a Constable and was patrolling the area under the Police Chowki with Govind, PW-2. Around 3.30 at night when they crossed Bus Stand on motor cycle they heard the shrieks of woman. They reached the place from where the shrieks were emanating. They saw a man holding on to a woman and another man was lying on top of her. He was raping her. The man who had caught the lady ran away on seeing them. They apprehended the man who was raping the woman. He disclosed his name as Jagdish. He told that his accomplice was Heeralal. They chased the person who ran away and apprehended him. The woman who was being raped appeared not to be mentally stable.