NIRANJAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) NIRANJAN Singh and Kehar Singh appellants along with their two co-accused Karam Singh and Ajaib Singh were tried for the offence under section 366, Indian Peril Code and Kehar Singh, and Ajaib Singh co-accused were also tried for the offence under section 376, Indian Penal Code, in the Court of Shri R. P. Bajaj. Additional Sessions Judge, Ambala. The learned trial Court vide judgment dated 25th July, 1983, acquitted Kehar Singh appellant and Ajaib Singh co-accused of the charge under section 376, Indian Penal Code and also acquitted Karam Singh co-accused of the charge under section 366, Indian Penal Code. It convicted the appellants and Ajaib Singh co-accused for the offence under section 366, Indian Penal Code and vide order dated 26th July, 1993, released Ajaib Singh co-accused on probation under section 4(1) of the Probation of Offenders Act for period of two years on his entering into bail and surety bonds in the sum of Rs. 2000/- each for keeping peace and being of good behaviour. It sentenced the appellants to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/- each or in default of payment of fine, to undergo further rigorous imprisonment for six months each. The fine of Rs. 500/- is stated to have been paid by them. Their co-accused Vinod alias Shiv Kumar could not be apprehended and so he was declared a proclaimed offender. The appellants have challenged their conviction and sentence by way of this appeal.

(2.) THE prosecution case as set up at the trial was as follows :-

(3.) ROSHNI Devi prosecutrix (PW7) was produced by her father Dile Ram (PW 4) and Chamel Singh Sarpanch (D W. 1) before S.I. Ram Lubhaya (PW 9) on 26th August, 1982. The Sub-Inspector recorded her statement under section 161, Criminal Procedure Code and got her medially examined on 27th August, 1982. Her statement under section 164, Criminal Procedure Code, was also got recorded before Shri P.L. Ahuja, Judicial Magistrate Ist Class, Jagadhri on 17th August, 1982.