Surendra Vikram Singh Rathore, J. - (1.) Shri Anoop Kumar Upadhyay, learned counsel for the appellants, and Shri Mohd. Yusuf Ansari, learned AGA for the State were heard.
(2.) Both the above -mentioned criminal appeals arise out of a common judgment and order dated 24.07.2006 passed by Additional Sessions Judge, Fast Track Court No. 1, Unnao, in Sessions Trial No. 110 of 2002 arising out of Case Crime No. 154 of 2000, Police Station Safipur, District Unnao, whereby present appellants namely Sahab Lal and Ram Munish were convicted for the offence under Sec. 376 IPC and were sentenced to undergo imprisonment for life and also with fine of Rs. 10,000/ - each with default stipulation of three months' additional imprisonment. Accused Sahab Lal was further convicted for the offence under Sec. 342 IPC and was sentenced to undergo rigorous imprisonment for a period of three years'. All the sentences were directed to run concurrently.
(3.) In brief, the case of the prosecution was that the complainant Neeraj lodged a first information report at the police station Safipur, District Unnao on 13.07.2000 at 00.45 AM alleging therein that on 12.07.2000 at about 6.00 PM one Ram Sakhi granddaughter of appellant Sahab Lal had taken the victim to the house of appellant Sahab Lal. In the house of Sahab Lal, Ram Munish was also present. Both these persons closed the doors of the house and Ram Munish committed rape with her. Appellant Sahab Lal also remained present there. When the victim did not return for some time then her mother went to call her and she found that doors were closed from inside and the victim was crying. The mother of the victim came back and told it to her family members. In the meantime, several persons of the village assembled there. Victim and both the appellants were found in the house. Ram Munish was apprehended by the public. However, Sahab Lal made good his escape. Appellant Ram Munish was handed over to the police.;