- (1.) Aggrieved by the judgment and order dated 27.9.2005 passed by the Additional Sessions Judge/F.T.C. No.1, Mainpuri in Sessions Trial No.134 of 2003, the appellants Vijendra Chaturvedi and Bhola @ Anoop Kumar have preferred this appeal.
(2.) By the aforesaid judgment and order the appellants have been found guilty of the offences under section 376 and 323/34 I.P.C. For the offence of section 376 I.P.C. they have been sentenced to undergo rigorous imprisonment of ten years each and a fine of Rs.5,000/- has also been imposed on them. For the offence of section 323/34 I.P.C. they have been sentenced to undergo rigorous imprisonment of one month. In default of payment of fine, they have been further sentenced to undergo rigorous imprisonment of three months each.
(3.) Briefly stated the prosecution story is that in the night of 17/18.4.2003 at about 12.00 in the night, when the prosecutrix, who is also the informant of this case, was sleeping with her husband and children in the fields, the appellants came armed with country made pistol and assaulted her husband and threatened him to kill. Thereafter both the appellants caught hold of the prosecutrix and raped her one by one.;