- (1.) Heard Sri Amit Daga, learned counsel for the appellants- Ashfaq, Sadik and Sarfaraz,on their prayer for bail, Sri Sushil" Kumar Pandey,learned counsel for the informant and the learned A.G.A.
(2.) This criminal appeal is preferred against the judgment and order dated 19/20.5.2015 passed by Addl. Sessions Judge/ FTC, Meerut in S.T. No. 1286 of 2012, Case Crime no. 352 of 2012, under Sections 363, 366, 376, 328, 120B IPC, P.S. Kharkhauda, District Meerut, convicting the appellants under Section 376(2)(g) IPC and sentencing each appellants with 10 years R.I, and fine of Rs.10,000/- each and a default sentence of six months.
(3.) The case of the prosecution is that prosecutrix alleged herself to be around 17 years, whose mother was unwell; on 31.7.2010 her uncle namely Mohammad Ashfaq (appellant no.1) approached them that there is a haqeem at Hapur, who is an expert in the treatment of said ailment and with a view to get the mother of prosecutrix examined, took both the prosecutrix and her mother as a part of conspiracy in his vehicle to Hapur, who were also accompanied by Sadik and Sarfaraz (appellants no. 2 and 3), vehicle was stopped; offered a cold-drink to both the prosecutrix and her mother, but soon thereafter both became unconscious and taking advantage of her helpless state took them to a nearby jungle, wherein prosecutrix was sexually assaulted by the appellants one by one in the sugarcane fields and also made a film with the help of their mobile, who fled thereafter extending a veiled threat. It was further alleged that neither was the FIR registered nor was the prosecutrix subjected to any medical examination, on the contrary alleged the role of one Zahir Quraishi, Panchayat Chairman, who was sharing a close rapport with SHO Sushil Kumar. The prosecutrix further alleged that her father is a journalist and on 12.4.2010, he had published a news report in his publication "Hindustan Express" as to the misdeeds of Zahir Quraishi, Chairman and soon thereafter a meeting of the Quraishi Community was convened on 14.4.2010, banishing her father from the community, who did not succumb, but on 17.4.2010, father of the prosecutrix was foisted upon with a false case in collaboration with a local woman of ill repute at the instance of the informant and who is in jail since 21.4.2010.;