Raghvendra Kumar, J. - (1.) BOTH these appeals are directed against the judgment and order dated 17.11.2006 passed by Special Judge, SC & S.T. (Prevention of Atrocities) Act, Etawah in S.T. No. 594 of 1997, State Vs. Ramesh and other under section 376 I.P.C. and section 3(2)(V) SC & ST (Prevention of Atrocities) Act, P.S. Bakewar, District Etawah and S.T. No. 660 of 1997, State Vs. Pramod Kumar, under section 376 I.P.C. & section section 3(2)(V) SC & ST (Prevention of Atrocities) Act P.S. Bakewar, District Etawah. Both the Sessions Trial have been disposed of by a common judgment dated 17.11.2006 whereby the appellants, Sohrab alias Sanjay, Rajesh Singh and Pramod Kumar have been convicted for the offence under section 376(2)(g) I.P.C. read with section 3(2)(V) SC & ST (Preventing of Atrocities) Act and sentenced to imprisonment for life with fine of Rs. 2000/ - each with default stipulation for four months additional rigorous imprisonment.
(2.) HEARD learned counsel for the appellants and learned A.G.A. for the State of U.P. The F.I.R. of the incident has been lodged by Kaptan Singh at the police station Bakewar on 13.8.1997 at 1830 hrs with respect to the incident that took place on 13.8.1997 at 3.00 p.m.
(3.) AS per the F.I.R. version, the wife of the informant aged about 30 years had gone to the tube well of Shankar Maharaj brick -kiln for washing of the clothes. At about 3.30 p.m., the accused Pramod Kumar came to the prosecutrix in a Jeep accompanied by Ramesh Shorab alias Sanjay and Rajesh Singh who with illicit motive forcibly took away the prosecutrix towards the jungle where Pramod Kumar, Rajesh Singh and Sohrab alias Sanjay turn by turn committed rape with the prosecutrix and torn her blouse. The incident was witnessed by Shyam Singh and Barey. No one could dare to intervene when the accused persons took away the prosecutrix. The people on the road hide themselves. After hearing the incident, the shops of the locality were closed. After lodging of the F.I.R. with the police, the investigation proceeded in accordance with law. During the course of investigation, the clothes of the victim were taken by the police and the recovery memo was prepared. The victim was medically examined. Pathological report was also submitted. The investigation culminated into filing of police report in the shape of charge sheet.;