VIRENDER ALIAS BITTU Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this common judgment, Criminal Appeal No. 1931-SB of 2002 preferred by Virender alias Bittu and Criminal Appeal No. 243-SB of 2003 instituted by Naresh shall be decided together.

(2.) Both the appellants were tried in a case FIR No. 349 dated 06.08.2001 registered at Police Station City Jind under Sections 376(2)(g) and 506 IPC by the Court of Additional Sessions Judge, Jind, who held them guilty of an offence punishable under Sections 376(2)(g) and 506 IPC vide impugned judgment dated 8th November, 2002 and vide a separate order of sentence dated 1 1th November, 2002, sentenced them to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 5000/- each under Section 376(2)(g) IPC, and in default of payment of fine they were ordered to further undergo rigorous imprisonment for two years. Both the appellants were further sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/- each, in default of payment of fine to further undergo rigorous imprisonment for six months under Section 506 IPC. Both the sentences were ordered to run concurrently.

(3.) On 6th August, 2001, the prosecutrix PW-6 (whose name has been withheld to protect her identity) made a statement Ex.PG to Ram Kumar SI, In-charge of Police Post, Patiala Chowk, Jind PW-14, on the basis of which formal FIR Ex.PE was registered. The statement Ex.PG, when translated into English, reads as under: