ROHTASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants have assailed the judgment of conviction and order of sentence dated 29.08.2008, passed by the learned Additional Sessions Judge, Panipat, in Sessions Case No. 12 of 2008, instituted on 14.12.2006/03.06.2008, emanating from FIR No. 77 dated 14.09.2006, under Section 376 of the Indian Penal Code ('IPC for short) of Police Station, Bapoli, whereby, they were convicted for the commission of offence punishable under Section 376 [2(g)] IPC and sentenced to undergo imprisonment for a period of ten years each and to pay fine of ' 10,000/- each and in default, thereof, to further undergo rigorous imprisonment for one year each.

(2.) Case of the prosecution is that on 13.08.2006 at 10:00 a.m., the prosecutrix (name kept concealed) was present in her out house (gher in local parlance), in the area of village Simla Gujran. Naresh wife of Rohtash appellant no. 1 called her to her house and asked her to prepare tea for her uncle and to give it to him. Naresh herself went to the fields to bring fodder. When prosecutrix went in the room to deliver tea, she found Naazim appellant no. 2 with Rohtash appellant no. 1. On her entry into the room, Rohtash appellant no. 1 held her hand and Naazim appellant no. 2 bolted room from inside. Both made her lie on the bed. Firstly, Rohtash and then Naazim committed rape on her. She started weeping. Thereupon, she was threatened by the appellants that if she made the incident public, then her brother Ompal, who was studying at Samalkha, will not return alive.

(3.) When she was going back to her house while weeping, 2/3 persons passed nearby her. She did not tell the incident to any of her family members. She told those persons, who met her in the street, that appellants had committed CHEDCHAD (out raged her modesty). Those persons had told about this to her brother Som Pal. Naazim appellant no. 2 fled away. Rohtash appellant no. 1 was given beatings by her family members and villagers. The matter was later compromised. But when the appellant started defaming her, then she told her parents about the incident on 12.09.2006. Her brother Sompal got her admitted in the General Hospital, Panipat on 14.09.2006. from the hospital, ruqa Ex. PE was sent regarding commission of rape on the prosecutrix.