Point of Law: Criminal justice jurisprudence adopted in the country is not retributive but reformative and corrective. At the same time, undue harshness should also be avoided keeping in view the reformative approach underlying in our criminal justice system.

JUDGMENT :

Ajay Tyagi, J.

1. These are two appeals against the same judgement by different accused persons. Hence, both the appeals are being decided together.

2. By way of these appeals the appellants Santosh Bind Alias Kallu and Vikash Keshri have challenged the judgement and order dated 20.07.2013 passed by learned Additional Sessions Judge, Court No.6, Allahabad in Session Trial No.213 of 2013 arising from Case Crime No.241 of 2012, under Sections 363/149, 366/149, 376(G)/149, 506 and 368 IPC, Police Station- GRP Allahabad, District- Allahabad, whereby accused/appellant in both appeals was convicted and sentenced under Section 363 r/w section 149 IPC for four years R.I. and fine of Rs.4,000/-, under Section 363 r/w Section 149 IPC for seven years and fine of Rs.7,000/-, under Section 506 IPC for one year R.I. and under Section 376 (2)(G) r/w Section 149 IPC for life imprisonment and fine of Rs.1 lac.

3. The brief facts of the prosecution case are that in the night 17/18.05.2012 when prosecutrix was travelling from Jabalpur (MP) to Mirzapur by train. At about 12:15 am, the train stopped at platform No.6 at Allahabad Junction, the prosecutrix alighted at the platform for taking water. One Vikash Keshri and his friend Santosh Kumar Bind @ Kallu were already present on that platform. They took the prosecutrix from platform No.6 to out of railway station by persuading her. When the complainant talked to the prosecutrix on mobile phone, she conveyed that above persons were taking her somewhere forcibly. The above named persons talked to the complainant on phone and conveyed that they have taken his daughter and will leave her on 26.05.2012. The accused threatened the complainant not tell anything to the police. Complainant submitted a Gumshudagi (Missing) report at police station- GRP Allahabad, after lodging report, as conveyed on phone on 26.05.2012, the accused persons left the prosecutrix near her house in Mirzapur in serious condition. The prosecutrix told that Vikash Keshri, Santosh Kumar Bind, Abhishek Singh and Gappu committed rape (forcible sex) with her.

4. S.I. Shyam Vart Singh took up the investigation, visited the spot, prepared site-plan. On his transfer, another I.O. completed the investigation after recording the statements of witnesses and submitted the charge sheet against all accused persons. The case being triable by the court of Session was committed to the court of Session for trial by the learned Magistrate.

5. The learned trial court summoned the accused and as accused persons denied the charges and claimed to be tried, charges were framed against all the accused persons except Raghunath Bind under Section 363/149 IPC, 366/149, 376(G) and 506 IPC and charge was framed under Section 368 IPC against the accused Raghunath Bind. The prosecution so as to bring home the charges, examined 11 witnesses, namely:

6. In support of the ocular version of the witnesses, following documents were produced and contents were proved by leading oral evidence:

7. After completion of prosecution evidence, accused persons were examined under Section 313 Cr.P.C. They told