GOPAL AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant/accused, Gopal, Harish and Parveen Kumar, against the judgment/order dated 14/15.6.2002 passed by the Additional Sessions Judge, Gurgaon, vide which they were convicted for the offences under Sections 376(2)(g) and 506 IPC and were sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 3,000/ -each and in default thereof to further undergo rigorous imprisonment for a period of two months for the former offence and to undergo rigorous imprisonment for a period of two years for the latter offence. Both the sentences were ordered to run concurrently.

(2.) THE prosecution story, in brief, is that the prosecutrix (PW -4A) (the name is not being disclosed in the judgment) had been residing in a tenanted accommodation in village Charkarpur. On 4.1.2000, after working in the houses situated in DLF colony, she was going back to her quarter. When she reached near her quarter, she found that all the three accused were standing in the street. By making use of the opportunity, they gagged her mouth, physically lifted her and took her into the ditches in the land belonging to the panchayat, where they committed rape on her one after other. Thereafter, they left the place after extending a threat to kill her, in case she disclosed this fact to anyone. On 6.1.2000, she moved written application Ex. PE, containing all these facts, before the police and on the basis thereof, FIR Ex. PG was recorded. The investigation was conducted by Charan Singh, ASI (PW -6), who went to the place of occurrence and after inspecting the same, prepared rough site plan Ex. PH with correct marginal notes. The prosecutrix was medically examined by Dr. Suman Bishnoi (PW -9), who found abrasions on her private part. She took the vaginal swabs, which were sent to FSL but no semen was detected therein. In the course of investigation, all the accused were arrested and were medically examined and were found fit to perform the sexual intercourse. After completion of the investigation, challan was put in before the CJM, Gurgaon, who committed the same to the Court of Session, as the offence under Section 376(2)(g) IPC was exclusively triable by that Court.

(3.) TO bring home the guilt of the accused, the prosecution examined Nirmala, HC (PW -1), Naresh Kumar, Draftsman (PW -2), Ravinder Singh (PW -3), Arvind Kumar, HC (PW -4), the Prosecutrix (PW -4A), Dr. Mahesh Parkash (PW -5), Charan Singh, ASI (PW -6), Baljit Singh, C. (PW -7), Ombir Singh, DSP (PW -8) and Dr. Suman Bishnoi (PW -9).