- (1.) Heard learned counsel for the appellants, learned A.G.A. for the state of U.P. and perused the material available before the Court.
(2.) This criminal appeal has been filed on behalf of the accused-appellants, Vidhya Ram, Prakash and Naipal against the judgment and order dated 19.7.2005 passed by the Additional Sessions Judge, Court No. 7, District Etah in S.T. No. 265 of 2001, under section 376 (2) G I.P.C. Whereby the accused appellants Vidhya Ram, Prakash and Naipal have been convicted for the offence under section 376(2) G I.P.C. and have been sentenced with life imprisonment and fine of Rs. 5000/- each and for the offence under section 458 I.P.C. for five years R.I. and also with fine of Rs. 1000/- each and in default of payment of fine for both the offences the accused-appellants Vidhya Ram, Prakash and Naipal have been directed to undergo additional sentence of six months R.I.
(3.) According to the prosecution the F.I.R. of the case has been lodged with the police on 13.9.1999 at 10.15 a.m. with respect to the incident occurred at 11.00 p.m. on 12.9.1999. The F.I.R. has been lodged by the prosecutrix herself. The F.I.R. reveals that the prosecutrix was sleeping as usual in her Varandah. Her younger brother Sudhish was also sleeping besides her. The earthen lamp was lightening. At about 11.00 hrs. in the night, the appellants, Vidhya Ram, Prakash and Naipal entered into the house and placed the cloth in the mouth of the prosecutrix. By showing gun and illicit weapons, the accused appellants Vidhya Ram, Prakash and Naipal respectively committed rape with the prosecutrix. The cot of the younger brother was placed at the distance. After committing the rape threats were extended to the prosecutrix not to lodge the F.I.R otherwise dire consequences shall fallow. After registration of the case, the investigation proceeded. The prosecutrix was medically examined. The statements of the witnesses were recorded and the investigation of the case culminated into filing of charge sheet.;