AKHTAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) VIDE order dated 12.6.2000 passed in Sessions Case No. 26 dated 4.6.1998 (F.I.R. No. 54 dated 23.2.1998 of Police Station Punhana) Additional Sessions Judge, Gurgaon found the charge under Sections 342/506/376(2)(g) of the Indian Penal Code proved against Akhtar and Rustam and he accordingly convicted them thereunder and sentenced them as follows :- 342 IPC six months RI each. 506 IPC one year RI each 376(2)(g) ten years RI each. and pay fine of Rs. 500/- each. In default of payment of fine to further undergo rigorous imprisonment for one year each. Substantive sentences of imprisonment were ordered to run concurrently.

(2.) THE prosecution case, in brief is that on 18.2.1998 at about 2 or 2.30 p.m. Ms. Farmina daughter of Rehman who is married at village Akhbarpur to one Jaicum son of Ibraham Meo came to know that her mother was unwell at her native village Kherla Punhana. Her husband was not at the house. Her father-in-law was also not at the house. At about 4.00 p.m., she came to bus stand of village Punhana. There, Akhtar and Rustam met her. She had known them since earlier as they also belong to village Kherla Punhana. They were also waiting for the arrival of some bus for village Kherla Punhana. They enquired her about her health. They told her that they were also going to village Kherla Punhana and they would take some time in collecting clothes from the washerman. They suggested her to accompany them to the house of that washerman. They told her that after collecting clothes, they all would start for village Kherla by bus. When they were going to the house of that washerman both of them told her that she was in their possession and she should do whatever she would be called upon to do. They told her to behave as if she were the wife of Akhtar before the washerman. Akhtar, Rehman and Farmina reached the house of the washerman. Akhtar told the washerman that she was his wife and that they had quarrel with his parents. They requested him to allow them to stay there for a day or so and, thereafter they would some room and they would shift there. Washerman acceded to their request. He had one vacant room with him. He allowed them to occupy that room and stay there. After they had occupied that room, washerman left on some thing urgent. In the absence of washerman, Rustam closed the door from inside. Akhtar had sexual intercourse with her against her will and without her consent. Thereafter, Rustam had sexual intercourse with her against her will and without her consent. Thereafter, both of them subjected her to sexual intercourse turn by turn against her will and without her consent. After they had subjected her to sexual intercourse against her will and without her consent, Akhtar and Rustam both left and told her that she would be done to death if she disclosed to any one of this incident. Out of fear, she did not raise any raula. After they had left, finding opportunity, she slipped from there and reached village Kherla Punhana. She narrated the incident to her mother and brother Islam. After the Panchayat had failed to provide her redress, she took her bother Islam with her and reached Police Station, Punhana where she made statement Ex.PJ. She was medically examined by Dr. Rekha Yadav, Medical Officer General Hospital, Gurgaon on 30.1.1998 at about 8 p.m. Dr. Lal Singh, Medical Officer, medically examined Akhtar and Rustam on 26.2.1998 and he was of the opinion that there was nothing to suggest that they were incapable of performing sexual intercourse. According to Dr. Rekha Yadav, Farmina had been subjected to sexual intercourse recently. Her statement was recorded under Section 164 Cr.P.C. by a Judicial Magistrate of the Ist Class. After investigation, Akhtar and Rustam were challaned under Sections 342/506/376 of the Indian Penal Code. The case was committed to the court of Session by Judicial Magistrate Ist Class, Ferozepur Jhirka vide order dated 20.5.1998.

(3.) AT the conclusion of the trial, Akhtar and Rustam were convicted and sentenced as indicated above by Additional Sessions Judge, Gurgaon vide order dated 12.6.2000.