DEVINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) VIDE this judgment I shall be disposing of Criminal Appeal No. 313-SB of 1989, Devinder and others v. State of Haryana and Criminal Revision No. 358 of 1990 Smt. Sakunt v. Devinder and others, as both are arising out of one and the same judgment.

(2.) DEVINDER son of Khilli, Sunder son of Heera and Charan Singh son of Deepi all residents of village Bhamrola Jogi, Police Station Hathin, District Faridabad have been convicted by learned Additional Sessions Judge, Faridabad vide impugned judgment dated 20.7.1989 under section 376 IPC and have been sentenced to undergo RI for ten years each and to pay a fine of Rs. 1000/- each and in default of payment of fine to further undergo RI for one year each.

(3.) THE brief diary of the prosecution case is that on 26.11.88, PW1 the prosecutrix (victim of rape is a married lady whose name is not being disclosed) and her cousin brother Chhelu were busy in irrigating their fields with the water being drawn from the tubewell with the aid of machinery belonging to Devinder appellant. Her husband Shamser Singh PW2 was away to village Chhetai (U.P.). At about 8 PM, she was over-powered by Devinder, Sunder and Charan Singh. She was forced to lie on the ground and her mouth was gagged by them. All the three persons thereafter committed sexual violence on her turn by turn. Charan Singh appellant threatened to kill her with the weapon he was having with him. The prosecutrix resisted and as a consequence of this her bangles had broken. Chhelu who was looking after the fields was attracted at the spot and he saw Devinder and Sunder over there whereas Charan had fled away from the spot. The prosecutrix accompanied by her cousin brother Chhelu came back to her house and when her husband Shamser Singh returned to the village, she narrated the whole occurrence to him and ultimately on 28.11.88, she alongwith her husband went to the police station Hathin and lodged the FIR Ex.PA.