- (1.) Heard learned A.G.A. for the State appellant/applicant and perused the material on record.
(2.) This application has been filed by the State appellant/applicant with the prayer that leave to appeal may be granted against the judgement and order dated 03.03.2017, passed in Sessions Trial No. 199 of 2009 (State Vs. Smt. Kirti Srivastava), arising out of Case Crime No. 147 of 2007, under Sections 392, 376 IPC, P.S. Nagar, District Basti by the learned Additional Sessions Judge, Court No. 13, whereby the accused respondent has been acquitted for the offence punishable under the sections referred to above.
(3.) A perusal of the record shows that the incident had occurred on 26.09.2006 at about 7 p.m. According to the F.I.R., the prosecutrix had gone to her friend's house at around 6 p.m. and while she was returning home by rickshaw, its tyre got deflated on the way. As she could not get any conveyance, she started walking back home. At about 7 p.m. near Chando Taal one Marshal Car stopped near her carrying five persons in it. Two persons got out from the car, out of them one Brijkishore, a hardened criminal and one another co-passenger namely, Sanjay S/o Brijkishore over powered her and forcefully dragged her inside the car. They committed maar-peet with her and took her to some remote place where they robbed of her ornaments, bag, and purse containing Rs.5,331/-. Thereafter, Brijkishore and three unidentified persons who were already sitting inside the car, committed rape on her one after another. Thereafter they left her at the spot threatening her with life if she discloses the incident to anyone. When she was coming out from the field she met with one person namely Arun Kumar R/o Awas Vikash Basti who tried to console her and told her that he was also present near the spot and witnessed the entire incident. He took her on a motorcycle to the Police Station for lodging an F.I.R. but the Police did not register the F.I.R. When the F.I.R. was not lodged by the police she approached the Superintendent of Police and other Police Authorities by means of an application through speed post. Subsequently, the case was registered under Section 156(3). One Indra Ram @ Arun Baba appeared as a witness of fact.;