RAJVEER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of Criminal Appeal No. 127-DB of 2007 filed by Rajveer Singh and Surinder Singh and Criminal Appeal No. 240-DB of 2007 filed by Jagtej Singh, against the judgment and order dated 22.1.2007 passed by the learned Sessions Judge, Jalandhar convicting appellant-Jagtej Singh, under Section 376(2)(g) IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 30,000/- and in default of payment of fine, to further undergo RI for one year; convicting the said appellant under Section 302 IPC and sentencing him to undergo life imprisonment and to pay a fine of Rs. 50,000/- and in default of payment thereof to undergo further RI for two years and both the sentences were ordered to run consecutively i.e., one after another.

(2.) Appellants Rajveer Singh and Surinder Singh @ Manga have been convicted under Section 376(2)(g) IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 30,000/- each.

(3.) The prosecution case was sent in motion on the basis of statement of the prosecutrix (Ex.PE) given to ASI Bharat Bhushan on 6.1.2005 at 5.50 p.m. She has stated that on 9.10.2004, Jagtej Singh of her village asked her to go to Devi Talab Mandir for roaming. At about 9.30 a.m., she accompanied Jagtej Singh by sitting on his motorcycle. Jagtej Singh by fraud had taken her to a vacant house in Baba Deep Singh Nagar, where Manga and Rajveer Singh of her village were already present. Jagtej Singh took her to another room and started forcibly committing rape on her without her consent. She raised an alarm, then Manga came in the room. Jagtej Singh and Rajveer Singh came out of the room. Manga forcibly committed rape on her. Then Manga came out of the room and then Rajveer committed rape. Then all the three threatened her that in case she disclosed about the said incident to anybody, she would be done to death. Thereafter, she used to remain under fear of them and also under stress and started remaining ill. They had been terrorising and threatening her . On 6.1.2005, when in the morning she was going to school, then on way at Doaba Chowk, Jagtej Singh met her and asked her that she remains ill and if she swallows the medicine, she will get all right. On coming back from the School, she swallowed two tablets with water, given to her by Jagtej Singh and her condition became serious. Her mother and her brother Ram Lubhaya got her admitted in the Civil Hospital for treatment.