- (1.) THE instant appeal has been preferred against the judgment and order dated 27.5.1982 passed by the Additional Sessions Judge, Gorakhpur in S.T. No. 10 of 1982 whereby the appellants have been convicted under Section 376 I.P.C. for rigorous imprisonment of seven years.
(2.) OUT of the three appellants, appellant Nate @ Ram Samujh had died on 9.2.2002 during the pendency of the appeal, therefore, the appeal stood abated against him. The appellant Ashok Kumar who was on bail was taken into custody on 26.9.2007 as bailable warrant was issued against him and other appellant on 2.7.2007 by this court. Appellant Ashok Kumar remained in judicial custody since 26.7.2009 has already served out a total period of sentence of seven years one month and 16 days in judicial custody and had been released on 13.3.2013 according to the report of the Chief Judicial Magistrate based on the report submitted by the Superintendent of Police, District Jail, Gorakhpur, therefore, this court is only concerned with the case of appellant no.1 Jai Prakash Sharma against whom the order dated 2.7.2007 and 7.8.2007 regarding bailable warrant has been recalled by this court on 24.8.2007.
(3.) THE name of the victim is not being indicated to prevent her social victimization. The prosecution case in nutshell is that a first information report was lodged by the victim herself who was the Principal of St. Paul Junior High School and residing in the house of Ram Lakhan. On 12.7.1981 she had gone to see picture in Raj Talkies along with her eight year old daughter Rafat Naseem. At about 10 P.M. when she was returning on a rickshaw she left the rickshaw on the road and as she approached towards her room a boy of her own Mohalla came in front of her asking from where she is coming at this hour of night. At this the complainant asked from him who are you to inquire. At this he took out a country made pistol on her shoulder and asked to accompany with him for an hour. When she refused to go with her he slapped her. At the same time two other boys of the same Mohalla Ashok Kumar and Natey @ Ram Samujh arrived there and the boy who had slapped her whose name was Jai Prakash Sharma and Nate @ Ram Samujh pulled her by catching her arm both dragged her towards a verandah and Ashok Kumar lifted her daughter and held her mouth tightly, thereafter Jai Prakash Sharma and Nate @ Ram Samujh had forcibly ravished her in turn. They had tied her mouth with cloth and on getting an opportunity she screamed and upon hearing her scream Ved Prakash, Shiv Murat, Virendra Nath Tiwari and many other people of the vicinity rushed to the place of occurrence and on their reaching at the spot all the three persons escaped leaving her behind. The first information report was lodged under Sections 342, 323 and 376 I.P.C. as case Crime No. 566 of 1981 at police station Kotwali, district Gorakhpur. The victim was medically examined by Dr. K. Pandey on 13.7.1981 at 3.25 P.M. she was brought by Ram Saran Mani Tripathi, CP. 1304 of police station Kotwali, district Gorakhpur.;