SAMITRI AND ISHWAR SINGH Vs. STATE OF HAYANA

JUDGEMENT

(1.) This judgment of mine shall dispose of two connected appeal Nos. 1088-SB of 1998 and Crl. Appeal No. 14-SB of 1999, filed by Samitri and Ishwar Singh respectively against the judgment dated 11.12.1998 passed by the learned Additional Sessions Judge, Hisar, convicting and sentencing them as under:

(2.) The prosecutrix (name not disclosed) in this case is an unmarried, 17 years old mentally retarded and physically challenged girl suffering from paralysis of right part of her body. On 7.10.1995, at about 3.00 p.m. she alone was present in her house whereas other members of her family had gone for their work. Samitri @ Savitri also known as Bholi came to her and took her to the house of Ishwar. After leaving her in his room she bolted the door from outside. Accused Ishwar threw her on the chatai/bed sheet lying on the floor and raped her. Accused Samitri @ Savitri remained outside the room and opened the door at the instance of the accused Ishwar. After reaching the house, the prosecutrix narrated the occurrence to her mother who had arrived by that time. They kept waiting for Amar Singh father of the prosecutrix who arrived at the house at 7.00 p.m. He was explained about the incident and then he summoned Samitri and her husband but none of them turned up. Panchayat of fraternity was also convened. At about 11.30 p.m. the prosecutrix was taken to the Government Hospital at Hansi, but they referred her to report the matter to the police. When the prosecutrix along with her father Amar Singh was going to report the matter to the police, Yad Ram ASI met them on the way where her statement Ex.PB was recorded, on the basis of which formal FIR Ex.PB/1 was recorded by Chander Bhan ASI. Yad Ram ASI took up the investigation, got the prosecutrix medico-legally examined on 8.10.1995, prepared the scaled site plan Ex.PH of the place of occurrence and also took into possession jamper, salwar and under wear of the prosecutrix into possession vide memo Ex.PJ. The accused was arrested on 8.10.1995. His under wear was also taken into possession vide memo Ex.PK. Statement of the witnesses were recorded. On completion of the investigation challan was presented against the accused.

(3.) On finding a prima facie case against the accused, they were charged for the offences under Section 376/109 IPC, to which they pleaded not guilty and claimed trial.