CHARANJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been preferred against the judgement/order 7/4/1989/8/4/1989 by the Additional Sessions Judge, Sirsa vide which the appellants Charanjit Singh and Bhuto have been convicted and sentenced as under Charanjit Singh R.I. for 7 years and to pay fine of Rs. 1,000.00. In default of payment of fine to further undergo R.I. for six months u/s 376 (2)(g) IPC. R.I. for a period of two years and to pay fine of Rs. 100.00. In default of payment of fine to further undergo R.I. for 15 days u/s 452 IPC. Bhuto R.I. for 7 years and to pay a fine of Rs. 1,000.00. In default of payment of fine to further undergo R.I. for six months u/s 376(2)(g) IPC. R.I. for a period of two years and to pay fine of Rs. 100.00. In default of payment of fine to further undergo R.I. for 15 days u/s 452 IPC. Both the sentences were ordered to run concurrently.

(2.) The prosecution story in brief is that on 14/8/1988 at about 11 a.m. Chhinder Kaur was sitting alongwith her two minor sisters namely Rani and Jassi under a Jand tree situated in front of her house and was doing the embroidery work. At that time Gurmail Singh came there and he took Rani and Jassi to the nearby school on the pretext of giving them swings on the Peeng. Thereafter Charanjit Singh and Bhuto came there. Bhuto caught hold Chhinder Kaur from her neck and Charanjit Singh from her arms. Both of them took her inside the room of her house. Then Bhuto laid her on the cot while twisting her neck and Charanjit Singh committed rape on her. After Charanjit Singh committed rape on the prosecutrix, Bhuto tried to rape her but in the meantime, she stood up from the cot, as at that time, Jagir Kaur mother of prosecutrix came there. On seeing the mother of the prosecutrix, both of them ran away from the spot. Chhinder Kaur narrated the whole incident to her mother, who called her father from the fields. Then Chhinder Kaur and her father went to the Panchayat. The panchayat members advised them to report the matter to the police. Accor-dingly, Chhinder Kaur alongwith her parents went to police station and lodged the report on the basis of which, case against the accused was registered.

(3.) The prosecutrix was medically examined by Dr. (Mrs.) R. Grover. The accused were arrested and medically examined. After completion of investi-gation, challan was presented before the Illaqa Magistrate. The case was committed to the Court of Sessions, as it was exclusively triable by that court. On commitment of the case, it was entrusted to Additional Sessions Judge, Sirsa for trial.