(1.) Since common questions of law and facts are involved in the aforesaid cases, arising out of the same FIR, these are taken up together and disposed of by a common judgment.
(2.) In Criminal Revision No.171 of 2004 filed by the prosecutrix (name not being mentioned) and Criminal Appeal No.D-377-DBA of 2005 filed by the State of Haryana, challenge is to the acquittal of the accused vide judgment dated 23.08.2004 passed by Additional Sessions Judge, Fast Track Court, Bhiwani.
(3.) The case of the prosecution in brief was that on 12.01.2004 the prosecutrix and her father Narender Kumar met SI Hawa Singh. The prosecutrix got recorded her statement. She stated that her father was serving in the CRPF. Her brother was a student of 11th Class. She was a student of 9th Class. Pinku alias Vinod who was posted as a PTI Master in their village used to visit their house. Whenever she was alone in her house he used to rape her under the pretext that he would marry her. He also told her not to tell about this fact to anybody. Pinku introduced her to Pawan son of Kewal Singh resident of Hisar. On 06.01.2004 Pinku came to her house and told her to reach Maharana Partap Chowk, Hansi Gate, Bhiwani at 4.00 PM the next day as they would go to Hisar. On 07.01.2004 at about 2/3 PM she reached at Hansi Gate, Bhiwani. She had taken Rs. 3500/- and four suits. Pinku met her there and took her to the railway station where Pawan and Upinder were present. Pinku spoke with Pawan and Upinder. He told her to go to Hisar with them and he would reach Hisar the next day. She went with Pawan and Upinder to Hisar. They took her to a room and kept her there till 11.01.2004. Pawan and Upinder committed rape upon her from 07.01.2004 to 11.01.2004 at Hisar. She started to weep. Then on 11.01.2004 Pawan left her at Hansi Gate, Bhiwani. From there she went to her house. She narrated everything to her parents.