STATE OF PUNJAB Vs. SANJEEV KUMAR AND OTHERS

JUDGEMENT

(1.) The present reference has a trail of history behind which may have to be recapitulated to fully get the hang of the issues arising in the present reference.

(2.) The history in this case, starts from FIR No. 123 dated 10.11.2004 registered at Police Station Raman under Sections 376, 506 and 34 IPC against Sajeev Kumar @ Sandeep Kumar, Manoj Kumar @ Manu and Gora @ Gourav. Smt. Mukhtiaro Bai wife of Raja Ram Bajigar, resident of District Hanumangarh, Rajasthan had lodged this FIR. She has disclosed in the FIR that she used to suffer from the problem of High Blood Pressure. Her bother-in-law, Mahinder Singh @ Sadhu resided in village Talwandi Sabo. He told the complainant that she could have her wishes fulfilled by offering prayers at the Gurdawara, Talwandi Sabo. Accompanied by her husband Raja Ram, the complainant lady came to visit the said Gurdwara. While returning after paying obeisance, they met the accused persons sitting in black colour car. The persons present in the car called her husband. In response to query, the husband of the complainant told these persons that he and his wife were waiting for bus. These persons then offered lift to the complainant and her husband as they were statedly going to their village. The complainant lady and her husband, thus, sat in the car.

(3.) Sometime in the evening, these persons stopped the car and opened its bonnet saying that the car had developed some defect. They also said that Mechanic may have to be called. Saying so these persons started taking liquor. After sometime, they again started the car but then stopped on the side of canal. When the husband of the complainant asked them about it, they took out khapa from the car. These persons then took him to one side and told him that if he raised any noise, he would be done to death. The complainant lady was thrown on the back seat and subjected to forceable intercourse. These persons tore away the shirt of the complainant and in the process her bangles broke. As a result, the complainant suffered injuries as well. The complainant lady was warned that not to disclose this incident to anyone. Three persons then sat in the car leaving the complainant and her husband at the spot. The husband of the complainant knew them and disclosed their names as Sandeep, Manoj and Gourav.