BARAN SINGH Vs. STATE

JUDGEMENT

(1.) This is a criminal revision against the judgment and order dated 22-5-82 passed by Sri D. L. Soni, the then Ist Additional Sessions Judge, Ghaziabad, in criminal appeal No. 29 of 1982, dismissing the appeal and upholding the conviction of all the three revisionists under Section 366 I.P.C. and maintaining their sentence of 3 years R.I. and a fine of Rs. 500.00 each. Further upholding the conviction of revisionist No. 1 Baran Singh and revisionist No. 3 Kanwar Pal Singh under Section 376 I.P.C. and maintaining their sentence of 7 years R.I. and a fine of Rs. 500.00 each and in default of payment of fine of the same further to undergo R.I. for a period of 3 months as recorded by Sri R. D. Rai, the then Assistant Sessions Judge, Ghaziabad vide judgment and order dated 15-2-1982 in S.T. No. 281 of 1980 State v. Baran Singh and others.

(2.) The prosecution story briefly stated as follows :The accused revisionist Smt. Pitam Kaur is the wife of accused revisionist Baran Singh. Accused revisionist No. 3 Kanwar Pal Singh is the brother in law of Baran Singh. They are all resident of village Kania alias Kalyanpur, P. S. Babugarh District Ghaziabad.

(3.) The prosecutrix Km. Sunita, P.W. 5 and Vakila P.W. 6 were minor girls aged about 12-13 years, in the year 1976. They were living under the lawful guardianship of their respective guardians in kasba Modi Nagar, Mohalla Govindpuri district Ghaziabad. The accused revisionist Baran Singh and his wife Smt. Pitam Kaur were living in a quarter opposite to that of the prosecutrix. The prosecution claimed that on 28-9-1976 at about 10.11. a.m. the accused revisionist Pitam' Kaur seduced the prosecutrix Ku. Sunita and Vakila to go from their quarter to marry with Kanwar Pal Singh and Baran Singh. The accused revisionists took these prosecutrix in his motor car to a village across the Ganges. There the prosecutrix were kept in a sugar cane field. The accused revisionist Kanwar Pal Singh and Baran Singh as also 4-5 other persons committed rape upon these prosecutrix for a period of about one month from 23-9-1976 to 20-10-1976. On 20-10-1976 the accused revisionists took away the prosecutrix to Gajraula.