DAYA NAND Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 02.03.1982 passed by VI Additional District & Sessions Judge, Ghaziabad, in Sessions Trial No. 236 of 1978 (State vs Daya Nand and others), registered as Case Crime No. 191 of 1976, under Sections 366 and 376 I.P.C., Police Station Pilakhua, District Ghaziabad, whereby the accused-appellant has been convicted and sentenced to three years' rigorous imprisonment under section 366 I.P.C. and three years' rigorous imprisonment under section 376 I.P.C.

(2.) Filtering out the unnecessary details, the prosecution case in brief is that in September 1976 the victim no.1 / PW-1 who was then aged above 19 years used to reside with her father Mohan in village Luhari, P.S. Bahadurgarh, District Ghaziabad. victim no. 2 / PW-2 then aged about 18 years also used to reside with her brother-in-law in village Luhari. The accused Daya Nand used to visit village Luhari for hawking lip-sticks and mirrors etc. The accused Daya Nand promised to marry victim no. 1 / PW-1 and also promised for marriage of victim no. 2 / PW-2 with a suitable boy.

(3.) On 27.09.1976 at about 08:00 A.M., he induced the two girls to accompany him. Daya Nand brought both the girls to Pilakhuwa by bus. Thereafter, they started to Bajhera. While they were in the jungle of village Bajhera, the accused Jagdish and Om Prakash met them. These three accused persons took both girls to a sugarcane field and all have committed rape on both the girls. They were threatened by the accused persons. Thereafter accused persons took both the girls to village Bajhera. In the night, victim no. 1 / PW-1 was kept in the house of Daya Nand where she was raped by him and victim no. 2 / PW-2 was kept in the house of Jagdish where she was also raped in the night by Jagdish. In the next night, she was kept at the house of Om Prakash where she was also raped by Om Prakash. The next morning i.e. 28.09.1976, the accused Daya Nand brought the victim to Ghaziabad where accused appellant Daya Nand has committed rape on the victim during the night (28/29.09.1976). On 29.09.1976, Daya Nand took victim no. 1 / PW-1 to the jungle of village Bajhera. Jagdish and Om Prakash also brought victim no. 2 / PW-2 to the Jungle of village Bajhera. The three accused persons took both the girls inside the Jwar field. In the Jwar field, Daya Nand again committed rape on victim no. 1 / PW-1 and accused Jagdish on victim no. 2 / PW-2 while Om Prakash stood nearby armed with a country made pistol. Both the girls raised the alarm at which Arjun Singh, Bhikhari Mal, Jhhutar and another came on the spot. On seeing the witnesses, Jagdish and Om Prakash fled away but Daya Nand was apprehended. These witnesses took Daya Nand and the two girls to P.S. Pilkhuwa. Accused Daya Nand was handed over at the police station. On 29.09.1976 at 06:40 P.M., victim no. 1 / PW-1 lodged the first information report (Exhibit Ka-1). A case in the G.D. was registered, copy of which is Exhibit Ka-2. An entry in the G.D. about the arrest of accused Daya Nand, copy of which is Exhibit Ka-11, was also made. The investigation of the case was taken in hand by the S.O.