VINOD; SANDEEP Vs. STATE OF UTTARANCHAL (NOW STATE OF UTTARAKHAND)
HIGH COURT OF UTTARAKHAND
State of Uttaranchal (Now State of Uttarakhand)
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(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 02.07.2003, passed by the Sessions Judge, Dehradun, in Sessions Trial No. 91 of 1999, whereby the said court has convicted accused/appellants Vinod, Sandeep @ Chhotu and one co-accused Amit Kumar under Section 363, 366 & 376 (g) of I.P.C. and sentenced to undergo three years' rigorous imprisonment and directed to pay fine of Rs. 1,000/- each and in default of payment of fine, further rigorous imprisonment for three months under Section 363 of I.P.C., a sentence of seven years' rigorous imprisonment and a fine of Rs. 2,000/- each and in default of payment of fine, further rigorous imprisonment for six months' under Section 366 of I.P.C. and a sentence of ten years' rigorous imprisonment and a fine of Rs. 3,000/- each and in default of payment of fine, further rigorous imprisonment for six months' under Section 376 (g) of I.P.C.
(2.) Heard learned counsel for the parties and perused the lower court record.
(3.) Prosecution story, in brief, is that on 10.05.1999 P.W.3 Chatar Singh (father of the victim) (complainant) lodged a First Information Report with Chauki-InCharge Patel Nagar, Thana Kotwali, Dehradun, stating therein that on 10.05.1999, when he was at his in-laws house, he was called back at around 11.00 a.m. On reaching his home, he was informed that his daughter has been raped. Upon making enquiry, his daughter told him that on 09.05.1999, when she was returning home, after purchasing some household goods from the shop at around 08:00 p.m., she met Amit Kumar S/o Anil Kumar R/o Sevlakala, Chauki Patel Nagar, who was her friend from before, and his two friends Vinod Kumar S/o Dharm Singh and Sandeep @ Chhotu also resident of Sevlakala, Chauki Patel Nagar. She also told her father that all of three gagged her and forcefully took her and raped her one by one. She told him that she resisted and screamed, but she was beaten up by the accused persons. Upon hearing her screams, three people came there and rescued her and left her at her house. In the F.I.R., the complainant stated that all the three accused are residents of his village and his daughter fully knows them. He also stated in the F.I.R. that his daughter is minor and she is studying in Class XI and he apprehends that while going to school, the accused persons might kill his daughter, as his daughter is scared and her body is full of injury wounds. On the basis of said report, Chik report (Ext. A-16) was prepared and crime no. 22 of 1999 was registered in respect of offences punishable under Section 376 of I.P.C. against the accused Amit Kumar, Vinod Kumar, Sandeep @ Chhotu. Investigation was taken up by P.W.6 S.I. Ajay Pal Gautam, who interrogated the witnesses and started investigation. After completion of investigation, the said Investigating Officer submitted charge sheet against the accused Amit Kumar, Vinod Kumar and Sandeep @ Chhotu, for their trial in respect of offence punishable under Section 376 of I.P.C.;
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