- (1.) Challenge in this appeal is to the judgement and order dated 27.11.2012 passed by Additional Sessions Judge/Ex-Cadre Maharajganj in S.T. No. 195 of 2008 (State Vs. Tojayi and others) arising out of Crime No. 474 of 2008, under Section 452 and 376 I.P.C., Police Station Bargadwan, District-Maharajganj, whereby the accused-appellant Tojayi @ Todayi, Sannu @ Saanu and Virendra @ Veerindra each were found guilty under Section 452 and 376 I.P.C. and each were sentenced to three years rigorous imprisonment and two thousand rupees fine, under Section 452 I.P.C. and to undergo 10 years rigorous imprisonment and six thousand rupees as fine under Section 376 I.P.C. with default stipulation.
(2.) Filtering out unnecessary details, the case of the prosecution is that a written report was lodged by Ramawati stating that she is the resident of Malla Toli, Police Station-Bargadwan, Maharajganj. On 14.6.2008, she had gone to Tehsil Nautanwa with regard to a land dispute. On that date the accused-appellants, who belonged to the same village entered her house and raped her daughter. At 6:30 p.m. when she returned home, the occurrence was narrated by her daughter, hence she came to lodge the report.
(3.) Investigation of the matter was entrusted to P.W. 5 Prem Shankar Tiwari on 16.6.2008. He copied the chick report in the case diary. He wanted to record the statement of the informant at the police station, who said that she would get her statement recorded at her residence. At this, the Investigating Officer reached the residence of the victim, but nobody was present in the house, hence he returned.;