RAJENDRA AND OTHERS Vs. STATE OF U.P. (NOW STATE OF UTTARAKHAND)
HIGH COURT OF UTTARAKHAND
Rajendra and others
State of U.P. (now State of Uttarakhand)
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Prafulla C. Pant, J. -
(1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 31.03.2000/ 03.04.2000, passed by learned Additional Sessions Judge, Dehradun, in Sessions Trial No. 80 of 1999, whereby said court has convicted accused/ appellants Rajendra, Pappu @ Hanuman, Sushil Kumar and Kishan under section 376(2)(g) IPC, and each one of them has been sentenced to rigorous imprisonment for a period of ten years, and directed to pay fine of INR 5,000/-. In default of payment of fine, the defaulter convict is directed to undergo simple imprisonment for a period of six months. The amount realised as fine has been directed to be paid to victim Sugna Devi. The accused/appellants are further convicted under section 506 IPC, and each one of them has been sentenced to rigorous imprisonment for a period of six months on that count.
(2.) Heard learned Amicus Curiae for the appellants, and learned counsel for the State and perused the lower court record.
(3.) Prosecution story in brief is that P.W.1 Smt. Sugna Devi (victim) gave written report (Ex. A1) to the Senior Superintendent of Police, Dehradun, on 31.07.1998, stating that on 07.04.1998, when she was returning from market, on her way to her home, four accused/appellants namely Rajendra, Pappu @ Hanuman, Sushil Kumar and Kishan met her at about 7:30 p.m., in Sanjay Colony. It is further alleged by her that the accused closed her mouth and eyes with black handkerchief, and took her to nearby plot and committed rape on her turn by turn. It is also stated in the first information report (Ex. A1) that the accused kept on threatening her, as such she could not make complaint earlier. She has also mentioned in the first information report that one of the accused namely Rajendra is brother of Rajkumar (Member of Ward No. 8), as such after registering the case she should also be provided protection. On the basis of said report (Ex. A1) given to the Senior Superintendent of Police, Dehradun, it appears that crime no. 315 of 1998, was registered at police station Dalanwala, relating to offences punishable under section 376, 506, 427 IPC, against four accused namely Rajendra, Pappu @ Hanuman, Sushil Kumar and Kishan . Investigation was taken up by P.W.2 Sub Inspector G.S. Verma who interrogated the witnesses, inspected the spot, prepared site plan, and after completion of investigation submitted charge sheet (Ex. A3) against four accused namely Rajendra, Pappu @ Hanuman, Sushil Kumar and Kishan for their trial in respect of charge offences punishable under section 376, 427, 506 IPC.;
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