- (1.) The instant appeal, filed on behalf of the accused-appellant, is directed against the judgment and orders dated 20.07.2015 passed by learned Additional District & Sessions Judge (Fast Track Court), Court No. 3, Bulandshahr in Sessions Trial No. 1048 of 2013 [State Vs. Ravi and another] arising out of Case Crime No. 194 of 2013, under Sections 376-D, 452 I.P.C., P.S. Chhatari, District Bulandshahr, whereby the appellant along with co-accused was convicted under Sections 376-D, 452 IPC and sentenced to undergo rigorous imprisonment of twenty years' and to pay fine of Rs.25,000/- each and further to undergo rigorous imprisonment of four years' and to pay fine of Rs.5,000/-, respectively. In case of non payment of fine they have been further directed to undergo imprisonment of one year and six months on above two counts.
(2.) Heard Sri Sunil Kumar, Advocate, appearing for the appellant, Sri Shailendra Singh Rathore, learned Additional Government Advocate for the State-respondent and perused the record.
(3.) The facts giving rise to the present appeal may be summarized as under: That on 11th September, 2013 at 5.05 PM, victim gave a written report stating therein that in the night of 10th September, 2013, she was sleeping with her children, during the night at 11.30 PM Ravi and Har Prasad entered the house, Har Prasad caught hold of her hands and Ravi committed rape on her. When she tried to shout Ravi closed her mouth, thereafter Har Prasad also committed rape on her. Both the accused departed from the scene of occurrence. She raised hue and cry, at that her husband, who was sleeping at the roof of the house, came there. The victim narrated the occurrence to her husband, who searched for the accused persons but they had already run away.;