ISHWARPAL Vs. STATE

JUDGEMENT

(1.) THE 4 appellants have been convicted under Section 376 IPC to undergo RI for 3 years. THEy have been acquitted of an offence punishable under Section 307 IPG.

(2.) THE appellants are residents of village Mohra, police station Bargaon, district Saharanpur. Village Mohra is 3 miles from village Dalheri. THEre is a Production Centre Gandhi Ashram in village Mohra.

(3.) SMT. Sulochana was married about 5 years before the occurrence to Mahendra of village Bijna. In or about January, 1975, she gave birth to a son. Her son died in or about July, 1975. After the death of her son she came to her father's house in village Dalheri. She used to spin cotton yarn and for that purpose she used to get cotton from the Production Centre Gandhi Ashram Mohra. On 24-2-1976 at 3. 30 P. M. she left her house along with her brother Kulbir Singh to deliver spinned yarn at the Production Centre. She reached there, delivered the yarn and took one Kg. of Cotton and left the Production Centre for her village. Kulbir Singh did not accompany her because he began to see some quilts (Lihaf). He told her that he would shortly be following her. As soon as she reached on the bank of irrigation channel, the 4 appellants met her. Ishwarpal was having a pistol. She was caught by the appellants and Ishwarpal threatened her to shoot, if she raised alarm. The appellants then took her into the Arhar field of Krishna Master on the other side of the channel She was made to lie on the ground. Her salwar was untied and lowered. Thereafter the appellants committed sexual intercourse with her one after another. Ishwarpal was the last to commit sexual intercourse. She raised alarm which attracted Kulbir Singh, Pritipal, PW 6, Ratan Singh, PW 10 and Roop Ram. These four persons saw Ishwarpal committing sexual intercourse with her. The 4 appellants then ran away towards north. A chase was given. Ishwarpal fired his pistol. Thereupon the 4 persons came back. SMT. Sulochana told them that the 4 appellants had committed rape on her.