VIKRAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this judgment we dispose of four criminal appeals - No. 583-DB-2001 titled Vikram Singh v. State of Haryana, No. 373-SB-2001 titled Bhagmal & others v. State of Haryana, No. 539-SB-2001 titled Raj Singh @ Titu v. State of Haryana and No. 658-SB-2001 Pankaj v. State of Haryana - as, in my opinion, all the four appeals can be disposed of by a common judgment.

(2.) ALL these appeals have arisen from the judgment dated 23.2.2001 passed by Addl. Session Judge, Rewari, who came to the conclusion that all the appellants are guilty for the offences under Sections 376(2)(g), 342, 323 and 506 read with Section 34 of the Indian Penal Code and vide order dated 27.2.2001 Vikram Singh was sentenced for life imprisonment with a fine of Rs. 5,000/- and in default of payment of fine to undergo RI for 2-1/2 years, for the offence and other six appellants, namely Bhagmal, Sukhbir @ Sheru, Mehtab, Jai Parkash, Raj Singh @ Titu and Pankaj were sentenced to undergo RI for 10 years each and to pay a fine of Rs. 4,000/- each and in default of payment of fine to further undergo RI for two years each, under Section 376(2)(g) of the Indian Penal Code. All the appellants were further sentenced to undergo RI for one year each under each section for the offence punishable under Sections 323 and 342 and RI for 2 years each under Section 506 of the Indian Penal Code. All the sentences were ordered to run concurrently.

(3.) PRESENT is a case which has shaken our conscience on going through the evidence and allegations of the prosecution. Vikram Singh appellant is none else but the husband of Ramesh Devi. To what extent he can go for defaming his wife not only through himself but also with the assembly of his companions can be well judged on going through the statements of the prosecturix made before the police and in the trial Court and also before the Magistrate under Section 164 Cr.P.C. Ramesh Devi made a statement before SI/SHO Baldev Singh of Police Station, Sadar Rewari in the company of her mother on 23.12.1998 at about 8.15 a.m. stating therein that she is a resident of Berli Khurd. Her father expired in her childhood and thereafter she started residing with her mother. She was married with Vikram son of Mam Raj, caste Ahir, resident of Dahina, Police Station Khol on 5.6.1994 according to Hindu rites and ceremonies and out of this wedlock she gave birth to one male child, namely, Ankit, aged about 2 years at the time of this incident. The prosecutrix was young girl of 20 years at that time and she further stated that she was living with her mother in the village for the last about 8/10 months and she started serving as nurse in Virendra Hospital, Rewari. On 21.12.1998 when she was returning to bus stand Rewari from the hospital, on the way her husband Vikram Singh called her by name. At that time he was sitting in a white Maruti car bearing No. DL-4C.3051 which was being driven by Titu alias Raj Singh resident of Ladhuwas. Her husband was sitting on the rear seat of the said car and one more person belonging to village Ladhuwas was also sitting in the car. Her husband called her saying that he would drop her at bus stand or Naiwala Chowk. She reposed confidence in her husband and sat in the car. She was made busy in conversation and due to this reason her last bus missed. Her husband told her that firstly they would take liquor and then they would drop her. Her husband and his companions became busy in taking liquor. It is alleged by the complainant that she was forced to consume Pepsi which was in a plastic bottle. Some intoxicant was mixed in the Pepsi and that was the reason that after 10/15 minutes she started feeling giddiness and her limbs were unable to move. Upon this her husband Vikram told to his companion Titu that now she was fully intoxicated and they will take her to Ladhuwas. Thereafter they took her to a house in village Ladhuwas and she was in a position to identify the same. On reaching that house she observed that two persons were already sleeping in the Chobara of the said house. Her husband forcibly committed sexual intercourse with her in the Chobara and then he went out. Thereafter the two persons, who were already sleeping in the Chobara tried to sexually assault her but she resisted and raised alarm. On hearing her cries, her husband told Titu that on hearing such cries villagers would attract to the spot. He suggested to take her to the well. Thereafter all the five persons forcibly took her in the car to the hut made of gunny bags. In the hut three persons were already present, all those persons also committed rape with her turn by turn and on her refusal they gave her beating and many photographs were taken by them in a forcible manner. Throughout the night they had been committing rape upon her forcibly one after the other. On the following day at about 5.00 a.m. they dropped her near Mahendergarh Chowk, Rewari. Due to tiredness and pain she straightaway went to village Berli Khurd to her mother. On the day of reporting, after she recovered, she accompanied by her mother Giano Devi came to the police station for lodging the report. It was also stated by the prosecutrix that those persons while leaving her threatened that in case she tried to go to the police station for lodging the report, she would be killed. Also it was stated by the prosecutrix that all those persons were young in age and she could identify them as and when they were produced before her. It was further averred by the complainant that she left her clothes at home which she was wearing on 21.12.1998. Necessary action be taken against the culprits. On the basis of that statement FIR Ex.PA was recorded. It was read over and explained to the prosecutrix who signed the same in token of correctness and was attested by SI Baldev Singh.