AJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of two criminal appeals bearing No. CRA-S-2122-SB of 2003 and CRA-S-847-SB of 2005 as both arise out of the same judgment. For the sake of brevity, the facts are being taken from CRA-S-2122-SB-2003.

(2.) Accused Ajit Singh and Rajpal Singh were convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.2,000/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of one year under Section 376(2)(g) IPC. They were also convicted and sentenced to undergo rigorous imprisonment for six months under Section 506 IPC.

(3.) A written complaint Ex.PB was given by the prosecutrix to the police at 4.50 p.m. on 23.01.2002, wherein she disclosed that she had gone to the fields owned by Leela Singh to collect fodder for the cattle. Ajit Singh S/o Leela Singh and Rajpal Singh came to the fields and caught hold of her and she was thrown on the ground and she fell over the sarson crop. Then Rajpal Singh committed rape upon her while Ajit Singh was standing a little bit away. Thereafter, Ajit Singh committed rape upon her. The prosecutrix raised noise and her brother-in-law Anil Kumar and his wife Kunti, who were working in the nearby fields came running. Both the culprits managed to escape.