RAJUL BHARGAVA,J. - (1.) Heard Sri Kamlesh Kumar Tripathi, learned counsel for the appellants and Sri Syyed Ali Murtaza, learned Additional Government Advocate appearing for the State respondent.
(2.) The present criminal appeal is directed against judgement and order dated 6.6.2006 passed by Additional District and Sessions Judge, Court No.6, Kanpur Dehat in Sessions Trial No. 278 of 2004 (State v. Shiv Chandra Singh and another) , whereby he convicted and sentenced appellants under Section 376 I.P.C. to undergo imprisonment for life with fine of Rs. 10,000/- each with default stipulation. In the default of payment of fine, they were further directed to undergo one year's imprisonment.
(3.) The prosecution version in brief as narrated in the First Information Report lodged by PW 1 Ravendra Singh on 9.5.2004 at 4.45 P.M. at Police Station Shivli, District Kanpur Dehat is regarding an alleged incident which took place on 9.5.2004 at about 2.30 P.M. It is stated that on 9.5.2004 at about 2.30 P.M. his mother, Smt. Kalawati and sister, Km. Shalini were present at their house and he along with other family members had gone in connection with some work. His sister Km. Shalini went to respond the call of nature outside the house when she did not return, his mother went in her search and she saw that accused Jagvir Singh had caught hold the hands of the victim,Km. Shalini and co-accused Shiv Chandra Singh and Leeter Singh were committing rape on her turn by turn. The accused also tried to strangulate her. On the alarm being raised by her, several persons reached at the spot and thereafter accused fled away. The informant immediately took his sister to the police station wherefrom she was sent for medical examination. The prosecutrix was medically examined on 9.5.2004 at about 10.15 P.M. by Dr Alka Shukla and Dr Sanjeev Agrawal, PW 3 and 4.;