Ranjana Pandya, J. - (1.) Challenge in this appeal is to the judgment and order dated 11.03.2010 passed by the learned Additional Sessions Judge, Court No. 8, Shahjahanpur in Sessions Trial No. 692 of 1995 (State v/s. Ram Kumar and another) arising out of Case Crime No. 86 of 1995, under Ss. 452, 376, 323, 506 I.P.C., Police Station Nigohi, District Shahjahanpur, whereby the appellants Ram Kumar and Santosh have been convicted and sentenced to twelve years' rigorous imprisonment and a fine of Rs. 10,000/ - under Sec. 376 IPC; two years' rigorous imprisonment and a fine of Rs. 2000/ - under Sec. 456 IPC and six months' rigorous imprisonment and a fine of Rs. 1000/ - under Sec. 323 IPC with default stipulation.
(2.) In short compass the case of the prosecution as unfolded by the prosecution is that an application was given by victim, wife of Subedar to the Superintendent of Police, Shahjahanpur to the effect that the applicant is the resident of village Chak Safora, Police Station Nigohi, District Shahjahanpur and is aged about 30 years. She is married and having children. On 15.06.1995 at about 8.00 P.M., she was alone along with her children, at that time Ram Kumar and Santosh, resident of the same village entered her house armed with gun (pauniya) and country made pistol. They dragged the victim to the room and after putting the country made pistol on her abdomen, both of them committed rape on her one by one. At that time husband of the victim came, who was beaten by Santosh by gun as a result thereof he received injury on her finger and other parts of the body. After committing the rape they have also threatened to kill. The witnesses Daya Ram, son of Nanhey and the daughter of the victim Santa have seen the accused doing misdeed, beating and running away. On 16.06.1995, when she went to Police Station, her report was lodged only for Marpeet. The report for doing misdeed with the applicant was not written. In the application, the applicant has also prayed that her report may be lodged at Police Station Sadar Bazar and her medical examination may also be got conducted. On the basis of the written report, Ext. Ka -1, a case was registered against the accused Ram Kumar and Santosh at case crime No. 86 of 1995, under Ss. 452, 376 and 323 IPC at Police Station Sadar Bazar, District, Shahjahanpur. Chik FIR, Ext. Ka -6 was lodged by Constable Clerk Shiv Prasad Pal and the case was entered in the G.D., Ext Ka -4. After the registration of the case, the investigation of the case was entrusted to S.I. Shri Harish, who inspected the spot and prepared the site plan, Ext Ka -7. After recording the statements of the witnesses and completing investigation, the investigating officer submitted the charge sheet against the accused under Ss. 452, 376, 323 and 506 IPC, Ext. Ka. 8.
(3.) In support of its case the prosecution has examined as many as six witnesses. PW -1 is the victim of the case. PW -2 is Santa, the daughter of the victim. PW -3 is Subedar, the husband of the victim. PW -4 is Dr. Yogesh Kaul, who has examined the injured. PW -5 is Head Constable 63, CP, Shannumal. PW -6 is Dr. Rita Singh, who medically examined the victim.;