AMARJIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) AMARJIT son of Hargender and Suraj Bhan son of Duli Chand have filed the present criminal appeal and it has been directed against the judgment dated 17.2.2000 and order dated 28.2.2000 passed by Additional Sessions Judge, Sonepat, who convicted both the appellants under Sections 366 and 376 of the Indian Penal Code and sentenced as under :-

(2.) BOTH the appellants were charge-sheeted firstly, that on 13.5.1998 at about 10.00 a.m. in the area of City Sonepat they kidnapped Asha daughter of Om Parkash with intent that she may be forced or seduced to illicit intercourse and thereby they allegedly committed an offence punishable under Section 366 Indian Penal Code; secondly, that from 13.5.1998 to 30.5.1998 in the area of Village Aalupur, District Bhiwadi (Rajasthan) in furtherance of their common intention which was to have illicit intercourse with Asha, appellant Amarjit committed rape upon her for 17 days and thereby both the appellants allegedly committed an offence punishable under Section 376(2)(g) Indian Penal Code.

(3.) PW 1 Dr. Arun Garg on 1.6.1998 at 6.30 p.m. medico-legally examined Amarjit and vide report Ex. P1 gave opinion that this accused was capable of performing sexual intercourse. PW7 Dr. (Mrs.) Purnima Ahuja on 1.6.1998 at 4.00 p.m. medico-legally examined Asha Rani prosecutrix. She observed that the last date of mensuration (menstruation ?) of the prosecutrix was 31.5.1998. There was no mark of injury on any part of labia or prenieum. Hymen was found torn and it presented healed tags. There was no injury to the birth canal. The vagina admitted two fingers and large sin's speculam. Mensuration (Menstruation ?) was positive. No abnormality was detected. The doctor opined that there was no mark of any injury on any part of the body. The patient was referred to Dental Surgeon and Radiologist for the determination of her age. After the medico-legal examination of the prosecutrix the doctor handed over to the police a copy of M.L.R., a sealed parcel containing six seals having underwear and salwar of the prosecutrix. Ex. P11 is the correct carbon copy of the M.L.R. of Asha Rani and she was medico-legally examined on police request Ex. P12.