- (1.) Since all 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 30.09.2013 passed by the learned Sessions Judge, Allahabad in Sessions Trial No. 286 of 2013 (State vs Sumant Singh and others) arising out of Case Crime No. 296 of 2012, under sections 366, 376(2)G, 506 IPC, Police Station Mauaima, District Allahabad, whereby the accused-appellants Sumant Singh alias Happy Singh, Chandan Singh, Karan Singh and Rajan Singh alias Vaibhav Singh have been convicted and sentenced to undergo five years' rigorous imprisonment and a fine of Rs. 10,000/- each under section 366 IPC; fifteen years' rigorous imprisonment and a fine of Rs. 20,000/- each under section 376(2)g IPC and two years' rigorous imprisonment each under section 506 IPC with default stipulation. Out of the fine amount so deposited by the accused-appellants, half of the same was directed to be paid to the victim.
(3.) Filtering out the unnecessary details, the prosecution case is that on 25.09.2012 at 10.00 p.m., the informant along with her daughter were sleeping at her door on a cot. At about 11.00 p.m., the appellants Sumant Singh alias Happy Singh along with three companion, whom she could not recognise, came to her daughter, they were armed with country made pistol, they picked up her and took her away. Sumant Singh alias Happy Singh pointed a country made pistol at the informant and did not permit her to raise alarm. Four people took the victim away from the door and committed gang rape on her. After sometime, the victim was found in an unconscious state, away from the house. When she regained consciousness, she narrated that Sumant Singh and three unknown persons raped her and threatened her to kill and her family members. She could not go to the police station due to fear. Hence, the report was lodged on 29.09.2012.;