- (1.) Challenge in this appeal is to the judgment and order dated 27.06.2015 passed by the learned Additional Sessions Judge, court No. 8, Azamgarh in Sessions Trial No. 347 of 2013 (State vs Neelu Bind and another) arising out of Case Crime No. 382 of 2013, under sections 376-D IPC and 3/4 Protection of Children From Sexual Offences Act, Police Station Phoolpur, District Azamgarh, whereby the accused appellants Neelu Bind and Babu Ram Bind have been convicted and sentenced to twenty years' rigorous imprisonment and a fine of Rs. 40,000/- each under Section 376-D IPC and ten years' rigorous imprisonment and a fine of Rs. 20,000/- each under Section 3/4 Protection of Children From Sexual Offences Act with default stipulation. Out of the fine amount so deposited by the accused appellants, 60% of the same was directed to be paid to the victim.
(2.) Brief facts of the case are that the informant lodged an FIR stating that she is the resident of district Azamgarh and studying in class-8. She had gone to the house of her uncle (Phupha) Rudal Bind to attend the marriage ceremony of his son. On 02.06.2013, the marriage procession had left for Atrauliya Bazar. In the evening at about 8.00 p.m., she went besides the house to attend the call of nature, suddenly Babu Ram and Neelu caught hold of her. They pressed her mouth and picked her and raped her, due to which, she became unconscious. After that her aunt (Bua) Soni and Sita went to attend the call of nature towards that side, who saw Babu Ram Bind and Neelu Bind fleeing away, hence the FIR was lodged.
(3.) On the basis of this FIR lodged on 03.06.2013 at 3.45 p.m., case was registered against the accused. Investigation was entrusted to the Investigating Officer, who submitted the charge sheet, Ext. Ka-13 against the accused. The genuineness of this document was admitted, hence it was marked as exhibit. The genuineness of G.D., site plan, slip of District Hospital, ossification report, medical report, school leaving certificate, chik FIR, supplementary report of the victim were admitted. Thus, these papers were marked as Exts. Ka-3 to Ka-13 respectively.;