- (1.) Since both the afore-captioned criminal appeals have been filed in the same case crime number, hence they are being decided by this common order.
(2.) Challenge in these appeals is to the judgment and order dated 30.05.2008 passed by the learned Additional Sessions Judge, (Fast Track Court), Basti in Sessions Trial No. 111 of 2006 (State vs Sunil Pandey and others) arising out of Case Crime No. 25 of 2007, under sections 342, 328, 376, 323, 506 IPC, Police Station Munderwa, District Basti, whereby the accused Sunil Pandey and Lorik Kohar have been convicted and sentenced to ten years' rigorous imprisonment and a fine of Rs. 2000/- each under section 376 IPC; five years' rigorous imprisonment and a fine of Rs. 500/- each under section 328/34 IPC; six month's rigorous imprisonment each under section 342/34 IPC; six months' rigorous imprisonment each under section 323/34 IPC and two years' rigorous imprisonment each under section 506 IPC with default stipulation. However, the accused Raj Kapoor was acquitted of all the charges.
(3.) The prosecution case in brief is that an application was given by the informant-victim to the SSP stating that on 07.01.2007 at 6.00 p.m., she had gone behind her house in the sugarcane field to attend the call of nature. In the field, accused Sunil Pandey, Lorik Kohar and Raj Kapoor came. Accused Sunil Pandey pressed her mouth. They kept a handkerchief on her nose, which was having some medicine due to which, she became unconscious and when she gained consciousness, she was lying naked in the bed-room and all three were raping her one by one. They were not permitting her to come out from room and threatened that if she would raise alarm, she would be killed. She was forcibly detained in that room for six days and she was constantly raped during that period. On 13.01.2007, she somehow escaped from that place, but all the three caught her and assaulted her. At 2, O' clock in the night, she again fled away and came out. She was detained in Soni Hotel, opposite Kanpur railway station. An unknown old lady saw her in pitiable condition, gave her fare and she came home. The accused persons were consulting with each other that if they get a purchaser, they would sell her. She came back her house on 14.01.2007 from where, she went to the police station with her father. The police got her medically examined. Hence, she submitted an application before the SSP, Basti on 18.01.2007.;