SUSHIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been filed by the appellants against the judgment and order dated 1/3.6.1999 passed by learned Additional Sessions Judge, Karnal, vide which the appellants were held guilty and convicted and sentenced as under :- Sushil Kumar U/s 376/511 IPC. to undergo RI for five years each and to pay a fine of Rs. 5000/-. In default of payment of fine, he shall further undergo RI for one year. Sube Singh U/s 376/511 read with Section 109 IPC. to undergo RI for three years and to pay fine of Rs. 5000/-. In default of payment of fine, he shall further undergo RI for nine months. Devinder Singh U/s 376/511 read with Section 109 IPC. to undergo RI for three years and to pay a fine of Rs. 5000/-. In default of payment of fine, he shall further undergo RI for nine months.

(2.) THE prosecution story, in brief is that on 2.10.1997 accused Sushil Kumar, in connivance with his co-accused Sube Singh and Devinder Singh, raped the prosecutrix in a Jawar field near the railway line passing through the area of village Gharaunda. When Sushil Kumar accused was being caught hold by the complainant, Karamvir Singh, his co-accused Sube Singh, Devinder Singh, Ravinder Singh, Vir Singh, Partap Singh and Kuldeep Singh, who were armed with deadly weapons, freed the accused Sushil Kumar from the clutches of Karamvir Singh etc. and in the process, they had caused injuries to his cousin brother Sat Pal and to her aunt Chameli. They also restrained the complainant Karamvir Singh etc. from taking the accused Sushil Kumar to Police Station, Gharaunda.

(3.) TO prove the case, the prosecution examined PW-1 Dr. Ajay Kapoor, Medical Officer, PHC, Bambewa, District Jhajar, PW-2 Dr. Archana Soni, PW-3 Smt. Shair Sharma, Principal, Government Girls Senior Secondary School, Gharaunda, PW-4 HC Ram Pal, PW-5 ASI Om Parkash, PW-6 Kamlesh, PW-7 Karamvir Singh, PW-8 Chameli, PW-9 Raj Kumar, PW-10 Dalbir Singh, PW-11 Sajjan Kumar SI, PW-12 ASI Ranjit Kumar and PW-13 Suresh Kumar.