SHER SINGH TARA CHAND Vs. STATE

JUDGEMENT

(1.) Sher Singh and Tara Chand have been convicted by Shri J.D. Kapoor, Additional Sessions Judge, Delhi under Section 376 Indian Penal Code and each sentenced to undergo rigorous imprisonment for seven years and also a fine of Rs. 500.00 . In default of payment of fine they have to under go rigorous imprisonment for three months.

(2.) Brief stated, the prosecution case was that Prem Wati, aged about 20 years and a resident of a village in District Etawah, had come to stay at the house of the mother-in-law of her husband's sister in Gali Munde Wali, Sadar Bazar, Delhi in the month of September, 1982. This she did as the said mother-in-law was not feeling well and was ailing for some time. Her name was Ram Wati. On 12-9-84 at about 3 p.m. Prem Wati went out of the house with a bucket to fetch water from a hand-pump, installed in the street. When she was returning after taking water in the bucket, the two accused, who were residing in the same gali, and another persons were residing in the same gali, and another person were were sitting on a Takhatposh in the gali. Sher Singh snatched the bucket from her hand and Tara Chand, accused grabbed her from her neck and their third companion also caught hold her from her arm and they all forcibly dragged her inside the house of Sher Singh which was opposite to that of Ram Wati. There they gagged her mouth with a piece of cloth and blind folded her. Each one of them then committed sexual intercourse forcibly with her. Before doing so, they had closed the door of the room from inside. She continued struggling but could not raise loud alarm because of gagging. In about half an hour's time Ram Wati, having found that Prem Wati had not returned with water, came down from her house and sensed a commotion and sound of struggle coming from the house of Sher Singh. She became suspicious and went inside. The doors of the two rooms, which she passed through, were not bolted from inside. There she saw Prem Wati lying on a cot and Sher Singh pressing here mouth with his one hand and had put the other on her chest. Tara Chand was lying over her and committing sexual intercourse. On seeing her, Sher got up and gave a slap on her face. She than raised alarm and a number of persons of the locality assembled there and apprehended Sher Singh at the spot. Tara Chand and the third companion managed to escape.

(3.) Ram Wati then went to the police station, Sadar Bazar. Suraj Singh, ASI(PW 2), who was acting as duty officer, then recorded in the Daily Diary Register her information to the effect that quarrel was going on at house No. 2318, Gali Munde Wali. Sita Ram, ASI, was given a copy of that report ASI, and entrusted with the investigation. Sita Ram, then went to the spot and recorded the detailed statement of Prem Wati vide exhibit PW-2/B. On its basis the case was registered. Sher Singh, who was at the spot, was taken into custody.