- (1.) This appeal has been preferred against the judgment and order dated 17.03.2010 passed by the learned Additional Sessions Judge, Fast Track Court No. 5, Etah in ST No. 182 of 2008 (State Vs. Ali Hasan and another) arising out of Crime No. 219 of 2006 under Section 376 IPC, Police Station Kasganj, District Etah whereby accused appellants Ali Hasan and Dal Chand were found guilty and were convicted and sentenced to 10 years' rigorous imprisonment and Rs.2,000/- fine each under Section 376 IPC with default stipulation.
(2.) Brief facts of the case are that an application was moved by the victim stating that on 31.05.2006 at 11:00 PM accused appellants Ali Hasan, Dal Chand and Mohammed were initially tenants in her house and all the three entered her house. At that time, her husband had gone to Delhi and she was lying in verandah. They raped her one by one on the point of country made pistol. As soon as the victim got an opportunity, she raised alarm, at which the neighbours and witness came, due to which accused persons fled away. When she went to the police station to lodge the report, the police personnel did not hear her nor she was got medically examined. Then, on 01.06.2006 she moved an application before the Senior Superintendent of Police, Etah, but there also no action was taken because the local police was in connivance with the accused persons. On 02.06.2006, she moved an application to the Additional District Magistrate, on which Circle Officer, Kasganj was directed to look into the matter and finally, she again moved an application when the first information report was lodged.
(3.) Prosecution examined as many as five witnesses. PW-1 is the victim. She proved the written report as Ext. Ka-1. PW-2 is Doctor Anita Kumari, who medically examined the victim. She did not find any injury on the external or internal body of the victim. The victim was sent for ossification test. No opinion about rape could be given. This witness proved the medical report as Ext. Ka-2 and supplementary report as Ext. Ka-3. PW-3 is Doctor Ghanshaym Singh, who conducted the ossification test and proved the radiological report as Ext. Ka-4. PW-4 is Constable Anil Kumar who proved the chik report and copy of the GD. PW-5 is SI Narendra Singh who conducted the investigation. He copied the chik report in the case diary, recorded the statement of the scribe and the informant. Further, he recorded the statements of Kaptan Singh and Leelawati. He inspected the spot and proved the site plan as Ext. Ka-5. This witness further recorded the statements of accused on 16.06.2006. The statement of witness Pooran Singh was also recorded. The investigation ended into a charge sheet, which was proved as Ext. Ka-6.;