DHARAMWATI Vs. STATE

JUDGEMENT

(1.) BOTH husband and wife i.e. Sukhbir and Dharamwati have been convicted for the offence under Sections 366/376/342 read with Section 120 -B of the IPC. Appellant Sukhbir has been held guilty of the offence under Section 120 -B of the IPC read with Sections 366, 376 & 342 of the IPC; his wife Dharamwati has also been convicted under Section 120 -B of the IPC read with Section 376, 366 and 342 of the IPC. Accused Sukhbir has been sentenced to undergo RI for a period of 7 years and to pay a fine of Rs.5,000/ - and in default of payment of fine, to undergo SI for 6 months for the offence under Section 120 -B of the IPC read with Sections 366, 376 & 342 of the IPC. Accused Dharamwati has been sentenced to undergo RI for a period of 3 years and to pay a fine of Rs.5,000/ - and in default of payment of fine, to undergo SI for 6 months for the offence under Section 120 -B of the IPC read with Sections 366, 376 and 342 of the IPC. The sentences were to run concurrently. Benefit of Section 428 of the Cr.PC had been granted.

(2.) NOMINAL rolls of the appellants have been requisitioned which show that as on the date when appellant Sukhbir was granted bail, he has suffered incarceration of 7 months and 12 days whereas his wife Dharamwati as per the jail record was never lodged in jail in this case.

(3.) THE prosecution in support of its case has examined 15 witnesses of whom the star witness was PW -1, the prosecutrix. Her husband has been examined as PW -2. The son of PW -1 and PW -2 namely Deepak was examined as PW -3. The person who had helped the victim to escape namely Rattan Singh was examined as PW -5. His wife Maya Devi was examined as PW -6. Besides the oral testimonies, the MLC of the victim Ex.PB by Doctor Alka; no injury was noted upon her person; the vaginal smear of the victim was taken. The MLC of appellant Sukhbir was proved as Ex.PA. No injury was noted upon his person. His blood sample was taken by the Investigating Officer. Salwar of the victim was also seized and sent to FSL. The FSL report Ex.PX had detected human semen on her salwar, the blood group on the salwar being 'B'.