RAJBIR SINGH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The four appellants - Rajbir Singh aged 45 years, Pala 24, Manphool Singh aged 28, and Mahabir Singh 20 years have been convicted under Sections 363, 366, 376(g) and 506 of the Indian Penal Code and under Sec. 3(xii) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989 and have been sentenced to undergo imprisonment for five years and to pay a fine of Rs. 1000.00 each. In default of payment of fine to undergo rigorous imprisonment for one year under Sec. 363 Indian Penal Code ; to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 2000.00 each and in default of payment of fine to undergo rigorous imprisonment for one and half years ; to undergo imprisonment for life and accused Manphool Singh, Pala and Mahabir shall pay a fine of Rs. 5000/ - each and accused Rajbir Singh to pay a fine of Rs. 20,000.00 and in default of payment of fine, all the accused were ordered to undergo rigorous imprisonment for two years each under Sec. 376(g) of the Indian Penal Code, to undergo rigorous imprisonment for three years each and they were further sentenced to undergo rigorous imprisonment for three years each and to pay a fine of Rs. 2000.00 each and in default of payment of fine to undergo rigorous imprisonment for six months under Sec. 3(xii) of the Scheduled Caste Scheduled Tribes (Prevention of Atrocities) Act, 1989, for the alleged gang rape. Accused Rajbir Singh was sentenced under Sec. 506 Indian Penal Code to undergo rigorous imprisonment for three months. The learned trial court further directed that all the sentences were ordered to run concurrently. The trial Court further ordered that from the fine, if realised, a sum of Rs. 30,000/ - shall be paid to Kumari Bibi victim of the sexual assault.

(2.) The prosecutrix Bibi alias Memo Devi (PW-9) daughter of Sohan Lal (PW7), then aged about 13 years a Harijan girl was sleeping on the intervening night of 10-11.7.1994. in village Kamoda, within the area of Police Station Pehowa, district Kurukshetra (Haryana). Her father Sohan Lal (PW7) was also sleeping in the said house along with other members of the family. In the mid-night Rajbir - appellant allegedly entered in the house after scaling over a small wall of the house and picked up Bibi from her shoulders and brought her to a little distance. He spread a Khes (Ex.P6), where he was joined by the three other appellants named above. The mouth of Bibi was cupped with hand. The trouser (Salwar) Ex.P1 of the girl was removed and she was made naked and each of the aforesaid four persons committed forcible sexual intercourse with her. Her mouth was kept shut by the hand right from the time when she was picked up and was taken to the place where she was subjected to sexual intercourse. Ex.PW10/D is the rough site plan of the place of occurrence. She was threatened that if she raised alarm, she would be strangulated and was going to be killed. In this process, she received injuries on her right eye, neck, lips and foot.

(3.) The statement of Sohan Lal Ex.PW7/A was got recorded at 11.30 p.m. at Gupta Petrol Pump, Pehowa, by the then Station House Officer/Sub Inspector - Ram Chander (PW 10) from the M.H.C. Hukam Singh. The special report reached the learned Illaqa Magistrate around 4 p.m. on 11.7.1994.