KRISHAN Vs. STATE

JUDGEMENT

(1.) THE appellants before this Court are Gopi and Krishan. They had been convicted under Section 376(2) for the offence of gang rape and Section 506 Part -I read with Section 34 IPC vide judgment dated 01.5.2001. Vide order of sentence dated 04.5.2001 Gopi had been sentenced RI for 11 years for the offence under Section 376(2)(g) IPC and a fine of Rs.2000/ - in default of payment of fine to undergo SI for six months; for the offence under section 506 Part -I he had been sentenced to undergo RI for two years. Accused Krishan had been sentenced to undergo RI for 10 years and to pay fine of Rs.2000/ - in default of payment of fine to undergo SI for six months for the offence under Section 376 (2)(g) IPC and for the offence under Section 506 Part -I he had been sentenced to undergo RI for two years. Benefit of Section 428 Cr.P.C. had been granted to them.

(2.) VERSION of the prosecution unfolded in the version of Smt. "D" examined as PW -3. Incident is dated 02.9.1993; time of incident was about 10:00 ­ 10:30 p.m. The first information about this incident was received by SI Hari Chand (PW -10) posted at the police control room on

(3.) THE accused Gopi and Krishan who had been arrested from the spot i.e. from the jhuggi of Krishan; they were medically examined on 03.9.1993 vide their MLCs proved as Ex. PW -9/B and Ex.PW -9/C. The under garments of both the accused were also seized vide memo Ex. PW -6/B.