RAJ KUMAR @ RAJU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common judgment, I am disposing of two criminal appeals i.e. instant CRA-S No. 942-SB of 2003 titled as Raj Kumar @ Raju vs. State of Punjab and CRA-S No. 1432-SB of 2003 titled as Manjinder Masih @ Billa vs. State of Punjab because both these appeals have arisen out of same judgment and order of the trial court. Both the appellants along with their co-accused Ashok Kumar @ Pammi, Balour Masih @ Balouri and Laddi were tried in FIR No. 31 dated 05.02.1999, under Sections 376, 342, 457, 380, 506, 148 read with Section 149 of the Indian Penal Code (in short IPC), registered at Police Station Sadar, Fazilka.

(2.) According to the prosecution version, on 04.02.1999, complainant Virender Kumar, Shanti mother of his brother-in-law Pappu, and her daughter (prosecutrix not named) were sleeping in their rooms.

(3.) Electric bulbs were lighting in both the rooms. At about 01:00 A. M., accused Laddi (since acquitted) knocked at the window of the complainant's room. Laddi was already known to the complainant. Laddi demanded drinking water. The complainant opened the door. Laddi, along with five others, including the remaining four accused, armed with weapons, forcibly entered into the room. Three more persons armed with weapons kept guard outside the room. Laddi also then went out, after the other five persons entered the room. Out of them, two took Shanti to one room, whereas the remaining took the complainant and the prosecutrix to another room. They forcibly committed rape on the prosecutrix. The accused also took away various articles including household articles, gold ornaments etc. While going away, they also threatened the complainant party. During investigation, five accused were arrested. Stolen articles were recovered at their instance. After completion of investigation, all the five accused were sent for trial for various offences.