KRISHAN KUMAR MALIK Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) In all, eight accused were charged and prosecuted for commission of alleged offences under Section 366 and 376(2)(g) of the Indian Penal Code (hereinafter shall be referred as I.P.C.) for abducting prosecutrix and then committing rape on her. Trial Court after appreciation of evidence on record found all the eight accused guilty for commission of offence punishable under Section 366 and in addition to it, found present Appellant (accused) Krishan Kumar Malik, Vijay Dua, Krishan Takkar and Krishan @ Kaka, guilty for commission of offences under Section 376(2)(g) of the IPC. The said four accused were awarded a sentence of ten years R.I. and a fine of Rs. 2000/- each and in default of payment of such fine to undergo further R.I. for a period of one year. These four convicts were sentenced further to undergo R.I. for a period of five years for the offence punishable under Section 366 of the I.P.C and to pay a fine of Rs. 1,000/-each and in default of payment of fine to further undergo R.I. for six months. Two other accused were convicted solely under Section 366 of the IPC, and being ladies, leniency was shown and they were awarded a sentence of three years R.I. and a fine of Rs. 1000/- each, in default whereof, to undergo R.I. for six months each. The remaining two accused, Sandeep and Dheeraj were convicted under Section 366 of the IPC as well and the Trial Court sentenced them each to 5 years R.I., and a fine of Rs. 1000/- in default of payment of which a further period of 6 months R.I. would come into effect.

(3.) Feeling aggrieved by the judgment and order of conviction recorded by Additional Sessions Judge, Kurukshetra in Sessions Case No. 52 of 1994 decided on 24.04.1996, Criminal Appeal No. 324-SB of 1996 (filed by two female accused) and Criminal Appeal No. 338-SB of 1996 was filed by remaining six convicted accused in the High Court of Punjab and Haryana at Chandigarh. Since both the appeals arose out of the same judgment, they were heard analogously and were disposed off by a common impugned judgment on 27.03.2009.