- (1.) Since both the afore-captioned criminal appeals have been filed by the appellants challenging the judgment and order dated 17.03.2015 passed in the Sessions Trial No. 52 of 2014 (State vs Rishi and another) arising out of the same case crime number, hence they are being decided by this common order.
(2.) Challenge in these appeal is to the judgment and order dated 17.03.2015 passed by the Fast Track Court, Court No. 1 (Offences against women)/ Additional Sessions Judge, Court No. 9, Ghaziabad in Sessions Trial No. 52 of 2014 (State vs Rishi and another), under sections 376-D and 506(2) IPC, police station Kavinagar, district Ghaziabad, whereby both the accused-appellants have been convicted and sentenced to twenty years' rigorous imprisonment and a fine of Rs. 25,000/- each under section 376-D and two years imprisonment and a fine of Rs. 5000/- each under section 506(2) IPC with default stipulation.
(3.) Filtering out the unnecessary details, the prosecution case is that a written report was lodged by the victim on 31.08.2013 stating that she is resident of Negura, police station Dhanapur, district Varanasi and was working in Allan Factory near Atma Ram Steels, Ghaziabad, who was tenant in the house of Gyani Yadav for the last five years. On 30.08.2013 when after finishing her work, she was returning to Bamhota at about 7.00 p.m. at Atma Ram Steels, accused Rishi, son of the land-lord and Raju Goswami, nephew of Bhupendra Goswami came on motorcycle. They compelled her to sit on the motorcycle, took her via web-city towards the jungle at the tubewell, where both raped her. Both the appellants have threatened to kill her brothers, if she would tell the incident to anybody, hence due to fear, she did not narrate the occurrence to anybody. On the date of the report, she dialed at '100' number. On the basis of the report, investigation was conducted by Inspector Smt. Narendri Saini on 31.10.2013. She came to Kavi Nagar police station, she copied the chik report, G.D. in the case diary and recorded the statement of the Head Moharrir in the case diary. The victim was sent for medical examination. The accused-appellants could not be apprehended on that day. On 01.09.2013, the medical report and supplementary report were copied in the case diary. The statement of the victim was recorded at her house. After that, the spot was inspected along with the victim and her brother. After which the site plan was prepared and proved as Ext. Ka-9. Further this witness recorded the statements of Jaipal Singh, Jagdish and Raju. On 03.09.2013, the pathology report of the victim was received and application was moved for recording the statement of the victim under section 164 Cr.P.C. on 05.09.2013, the accused-appellant Raju Goswami was arrested and his statement was recorded. On 09.09.2013 the pathology report and supplementary reports were received, which were copied in the case diary. The robkar of surrender of the accused Rishi was received. The statement of the victim recorded under section 164 Cr.P.C., was perused by this witness. The statement of the accused Rishi Yadav was recorded in District Jail after obtaining permission from the concerned Magistrate. The clothes of the victim were sent to the Forensic Laboratory for chemical examination. The statement of Dr. Prachi Pal, PW-3 was also recorded. PW-7 is S.I. Neelam, who took into possession the clothes of the victim and prepared the memo, which was proved as Ext. Ka-2 and the clothes were proved as material Exts. 1 and 2.;