RAM CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this common judgment, I intend to dispose of two criminal appeals bearing No. S-1363-SB of 2001 titled as, "Ram Chander vs. State of Haryana" and No. S-306-SB of 2003 titled as, "Avtar Singh vs. State of Haryana", as the same have arisen out of the same FIR/occurrence. However, for convenience, the facts are being taken from CRA No. S-1363-SB of 2001.

(2.) Challenge in the present appeal is to the judgment of conviction dated 08.11.2001 and order of sentence dated 09.11.2001 vide which both the accused were found guilty under Sections 376(g)/506/34 and sentenced to undergo rigorous imprisonment for a period of 10 years each and to pay fine of Rs. 5000/- each and in default of payment of fine, to further undergo rigorous imprisonment for five months under Section 376(g) read with Section 34 IPC; further sentenced them to undergo rigorous imprisonment for a period of one year each and to pay fine of Rs. 1000/- each and in default of payment of fine, to further undergo rigorous imprisonment for one month each under Section 506 IPC.

(3.) The facts as gathered from the record are that prosecutrix aged about 15 years, made statement that on 18.03.2001, she was a student of 10th class. She went to the tubewell for bringing green fodder for the animals along with her parents. Her parents started doing usual work in the fields and she also started for her home with green fodder for animals. At about 2.30 PM, when she was near the field of one Parkash, the accused persons met her. Avtar Singh and Ram Chander (present appellants) caught hold of her and over-powered her and forcibly took her to the nearby mustard field. Both the accused threatened her saying that if she will raise an alarm, she will be killed. Both the accused persons untied her salwar. Accused Ram Chander raped her against her wishes. The prosecutrix gave teeth bite on the chest of Ram Chander. Thereafter, accused Avtar Singh forcibly raped her. She raised alarm which attracted her parents. The father of prosecutrix tried to catch hold the accused persons but they escaped. The father of the prosecutrix then came to the village and narrated the occurrence to the Sarpanch of village. On the basis of said statement, formal FIR was recorded and investigation was carried out. After completion of investigation, challan against both the accused was presented in Court.