SATISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of two CRA Nos. S-2393-SB of 2011, filed by appellant Satish and S-159-SB of 2012, filed by appellant Ramesh, against the judgment/order dated 24/27.8.2011, whereby the learned Additional Sessions Judge (Fast Track Court), Hisar convicted and sentenced the appellants Satish and Ramesh, under sections 363/366/34 IPC and 376(2)(g) of the Indian Penal Code. Under Section 376(2)(g), they were sentenced to undergo R.I. often years and to pay a fine of Rs. 2000/- each; in default of payment of fine, to further undergo RI for three months; under section 366 IPC, they were convicted and sentenced for a period of four years and to pay a fine of Rs. 1000/- each and in default of payment of fine, to further undergo R.I. for one month and under section 363 IPC, they were convicted and sentenced to undergo R.I. for three years and to pay a fine of Rs. 1000/- each and in default of payment of fine, to further undergo R.I. for one month. All the sentences were ordered to run concurrently. In brief, the case of the prosecution is that on 19.8.2009, complainant Baljeet Singh filed a complaint with Incharge, Police Post, Azad Nagar that his daughter, aged 16 years (hereinafter referred to as the prosecutrix), a student of Girls Senior Secondary School, Gangwa, was taken away on 12.8.2009, by Satish Kumar son of Roshan Lal, after enticing her. On 19.8.2009, the complainant came to know that his daughter had been residing in village Kuleri. On the complaint of Baljeet Singh, a case under sections 363/366 IPC was registered against appellant-Satish. On 21.8.2009, the prosecutrix made a statement under section 164 Cr.P.C. before the learned ACJM, Hisar that on 12.8.2009, Salochna wife of Satish Kumar had called her to her house, where Satish raped her and his wife Salochna stayed outside the room. This act was repeated many times, but due to the fear, she did not narrate it to anybody. Ramesh also committed rape upon her. She further narrated that one day, when she was going to her school, Ramesh and Satish took her to the village. Satish committed rape upon her. Ramesh took her to Agroha Hospital, where Ramesh committed rape upon her.

(2.) During the investigation, Satish and Ramesh were arrested. After completion of necessary investigation, challan was prepared and presented before the Court. The accused were charge-sheeted under sections 363/366/376(2)(g) IPC read with section 34 IPC, to which they pleaded not guilty and claimed trial. After the statement of prosecutrix, Salochna was charge-sheeted under section 114/109 IPC, to which she pleaded not guilty and claimed trial.

(3.) In order to prove its case, the prosecution examined, PW 1 the prosecutrix; PW 2 ASI Mahabir Singh, PW 3 ASI Ratan Singh, PW 4 Subash Chander, PW 5 SI Hari Ram, PW 6 Dr. Dalel Singh, PW 7 EHC Satish Kumar, PW 8 Baljeet Singh, PW 9 Dr. Anjuli Aggarwal, PW 10 Minakshi, PW 11 ASI Gurmeet Singh, PW 12 Jagmal Singh and PW 13 and closed its case.