KAMALJEET AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction dated 8.12.2015 and order of sentence dated 10.12.2015 whereby the appellants namely Kamaljeet, Nasib and Amit @ Mittu, have been convicted under Sections 365 read with Section 34 I PC, 323 read with Section 34 I PC, Section 376-D IPC and Section 506 IPC in FIR No.28 dated 18.02.2015registered at Police Station Chhappar (Yamuna Nagar). The sentences which have been awarded to the appellants are as under: -

(2.) It was ordered that all the sentences shall run concurrently.

(3.) As per the FIR, the case was registered on the basis of the statement/complaint made by the prosecutrix who had reported that she is aged 34 years having two sons and one daughter, aged 17 years, 15 years and 13 years respectively. Her husband Pala Ram is employed in Oriental Engineering Works, Yamuna Nagar. On 15.2.2015, she along with her daughter and one son had gone to the house of her sister in village Gadhauli and stayed there for two days. On 17.2.2015, at about 5/5:30 PM, she had received a call on her mobile phone from Kamaljeet, who was earlier known to her and he enquired from her as to where she was upon which she disclosed to him about her presence at the house of her sister in village Gadhauli. After some time, said Kamaljeet accompanied by Nasib and Amit @ Mitu reached there in a Swift Car of white colour. At that time, her sister and her husband were not at home. The said persons asked her to board their car. When she resisted for the same, they started hurling abuses. They forcibly made her and her children to sit in the car and proceeded from there in the car while extending threats to the persons present there. When she asked them as to where they were being taken, then Kamaljeet started giving beatings to her. When they reached near Bus Stand, Bhambholi, on her request, they dropped her daughter at Bus Stand, Bhambholi and took her and her son to village Gadhauli, towards Bilaspur where Kamaljeet made a telephonic call to one of his friends asking him for a room and when a room could not be arranged, then all the three above named persons took her and her son into a dry river where there was a hut. Kamaljeet and Nasib dragged her in the hut. They threatened her to do as to what they want otherwise they would kill her son. They forcibly removed her trouser (Salwar) and firstly accused Kamaljeet committed rape upon her by addressing her as "Randi" and "Gittali." Nasib also committed rape upon her. Then, they called Amit who was standing near her son. Accused Amit also committed rape upon her. The incident took place at about 8/8:30 PM. She, however, got herself and her son freed from the said persons. On the basis of above statement, a case was registered and investigation was put into action.