SHAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 17.07.2015 passed by the High Court of Punjab and Haryana at Chandigarh in CRA-S-1648-SB of 2011, whereby the High Court dismissed the appeal filed by the convicted accused, namely Jai Singh and Sham Singh.

(2.) The case of the prosecution in brief is that on the night of 208.2001, the minor victim girl (PW7), who was staying in the house of her paternal uncle Om Prakash and Aunt Laxmi (PW10), stepped out of the house to urinate, then she was approached by the two accused, namely Jai Singh and Sham Singh. Both of the accused are brothers inter se. The accused and the victim are cousins. The accused forcibly took the victim into their house and tied her hands on a cot with rope and committed rape on her. The mother of the accused, having learnt about the incident, told the victim to forget about the incident and threatened to wipe out her family in case she disclosed about the incident to anybody. She further made the victim consume some liquid, which resulted in loss of consciousness of the victim. On the next day, at about 5:00 a.m., the milkman Mahavir (not examined by the Trial Court) informed the Aunt (PW10) of the victim about the victim lying unconscious in front of a neighbouring house.

(3.) Based on the aforesaid allegations, the first information came to be lodged, which was registered in City Police Station at Palwal, Faridabad District, Haryana in FIR No. 653 dated 25.08.2001. Investigation was made and charge sheet came to be filed in the Sessions Court, Faridabad. The Additional Sessions Court framed charges against both the accused, namely Jai Singh and Sham Singh, for the offences punishable under Sections 376 (2)(g), 342 and 506 of the Indian Penal Code, and against the mother of the accused, namely Memwati, under Sections 342 and 506 of the IPC.