- (1.) Challenge in this appeal is to te judgment and order dated 11.08.2010 passed by the then Additional Sessions Judge, Court No. 1, Pilibhit, in Sessions Trial No. 446 of 2008 (State vs. Umesh Kumar and others), arising out of Case Crime No. 660 of 2007, under Sections 452, 376(2)(g) and 504 I.P.C., Police Station Beesalpur, District Pilibhit, whereby the accused appellants Umesh Kumar, Fateh Bahadur and Dinesh Pratap were found guilty under Section 376 (2)(g) I.P.C. and each was sentenced for ten years rigorous imprisonment along with fine of Rs. 5000/-, under Section 452 I.P.C. each was sentenced for two years rigorous imprisonment with fine of Rs. 1000/- and under Section 506 I.P.C., each was sentenced for six months rigorous imprisonment with default stipulation.
(2.) Filtering out the unnecessary details, the prosecution case is that an application under Section 156(3) Cr.P.C. was moved by the victim stating that she is resident of village Amrakaror, Police Station Beesalpur, District Pilibhit. The accused Umesh Kumar, Fateh Bahadur and Dinesh Pratap belonging to the same village were having evil eye on her since last many days. The victim has complained about this to her husband but her husband being a simple man did not react to that. On 22.08.2007, the husband of the victim had gone to his relative at Bareilly. The informant was alone in the house with her children. At about 11:00 P.M., the accused Umesh Kumar, Fateh Bahadur and Dinesh Pratap entered the house of the informant through a Pakad Tree situated near the house of the informant. The victim informant was sleeping in her courtyard while her children were lying in the room. Suddenly Umesh Kumar pressed the mouth of the victim and pointed a country made pistol at her. Dinesh and Fateh Bahadur were also holding country made pistols. They made gestures and signs and asked the informant to keep quiet and asked her to accompany them. They also threatened to kill her and her children. They took her towards the fields. She was thrown down in the field and raped by all the three accused persons. She resisted but all the three committed rape on her. On hue and cry being raised by the victim, Harish and Ram Kumar came to the spot and the accused fled away. The victim told the incident to her daughter and went to the police station but her report was not lodged nor she was got medically examined. After this, the informant sent an application by registered post dated 23.08.2007 but no action was taken against the accused persons, hence an application under Section 156(3) Cr.P.C. was moved which was registered as a first information report.
(3.) The medical of the victim was conducted on the directions of the Superior Authorities. The medical examination was conducted by PW-3 Dr. Alka Sharma who did not find any external or internal injury on the body of the victim. She proved the medical report as Exhibit Ka-7 and ossification report as Exhibit Ka-8. PW-4 is Dr. P.K. Gangwar who proved the supplementary report as Exhibit Ka-1. PW-5 is Constable Ram Singh who prepared the chick report. He further proved the copy of G.D. as Exhibit Ka-11.;