RADHEY SHYAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of three criminals appeals, namely, CRA No. 616-SB of 2000, CRA No.690-SB of 2000 and CRA No.913-SB of 2000 having arisen from the common judgment dated 23.5.2000 and order dated 26.5.2000 of the learned Additional Sessions Judge, Sonepat in FIR No.162 dated 9.3.1998 registered at Police Station, Rai under Sections 376/506/34/IPC. However, the facts are being derived from CRA No. 690-SB of 2000.

(2.) The present criminal appeals have been preferred by the accused-appellant, namely, Ganga Ram Kuldip and Radhey Shyam, Challenging the judgment dated 23.05.2000 and the order dated 26.5.2000, passed by the Additional Sessions Judge, Sonepat, convicting the accused (herein appellants) for committing offence under Section 376 (2) (g), IPC and sentencing each of them to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 5,000/- and in default of payment of fine, to further undergo rigorous imprisonment for 3 months.

(3.) The brief facts of the case, as set up by the prosecution, are that on 9.3.1998, Pros-ecutrix-Rekha kumari, came to the Police Station to get her statement recorded to the effect that she was residing in Village Badwasni. She is aged 13 years and her father had expired and prior to his death, he was working in Everest Tocis Factor, Jatheri. Her mother is also employed. On the day of the incident i.e. on 5.3.1998, she was alone in the house as her mother had gone on her duty, her brother Rajesh had gone to meet one Bhaga and her younger brother had gone to school. At about 11.00 a.m., she went to the Sewing Center in the house of Satya Brahmin where she was learning sewing. While on her way, the accused- appellants met her, who were standing near the vacant plot in Badmlik and when she was passing from there, then all the three accused dragged her to the Chhaper located in front of the house of Jai Bhagwan. The accused Radhey Shyam and Kuldip remained standing outside the Chhaper. Ganga Ram put his hand over her mouth when she was crying for help and forcibly lie her down on the ground. Thereafter, Ganga Ram committed rape upon the prosecutrix and threatened her that her brothers will be kidnapped and she will be killed in case she reported the matter to anybody. Then all the accused wert away. She narrated the incident to he. mother on 8.3.1998 who called her brother from Samalkha. They went to the police station on 9.3.1998 and a formal FIR was registered against the accused. All the accused were arrested and medically examined. After completion of the investigation, the accused were sent up to face trial under Sections 376/ 506/34 IPC by Police Station, Rai. The accused were charge sheeted under Section 376(2)(g) IPC.