BHUP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of four criminal appeals bearing Crl.Appeal No.26 -SB, 22 -SB, 29 -SB and 39 -SB of 1993, filed by Bhup Singh, Surinder Singh and Sunil Kumar, Bijender Singh and Ram Phal, respectively, against the judgment of conviction dated 9.1.1993 and order of sentence dated 12.1.1993, passed by Additional Sessions Judge, Sonepat, by which each of the appellant was convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,000/ - for the offence punishable under Section 376(2)(g) IPC. Besides this, appellant Bhup Singh was convicted and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.500/ - for the offence punishable under Section 366 IPC.

(2.) DURING the pendency of these appeals, appellant Surinder Singh has expired, therefore, Crl. Appeal No.22 -SB of 1993 qua him stands abated.

(3.) ON 4.4.1990, Judicial Magistrate 1st Class, Sonepat, recorded statement of the prosecutrix under Section 164 Cr.P.C. where she gave her age as 15 years. She stated that on 29.3.1990 at 7.30 a.m. she went to the Indo -Asian factory where she was employed. All of sudden, at 10.00 a.m., she felt pain in her stomach, therefore, she left the factory to take medicine at Geeta Bhagwan, where a boy (Bhup Singh), who usually remain standing outside the factory gate, met her and asked where was she going. On his asking, the prosecutrix told him that she is going to take medicine. Thereafter, he told her that he will arrange an employment for her for Rs. 1,500/ - per month. Then she accompanied him without taking medicine. He took her to Kharkhoda, where his two friends met him and they took her on tractor to village Khandsa. There was a jungle, where all the accused committed rape with her. Thereafter, accused Bhup Singh took her to his room. In the morning, he took her to Najabgarh after threatening her, where Sunil and Surinder, friends of Bhup Singh met them. They took her in an office. The whole day, accused Bhup Singh kept on wandering her in buses. In the evening, all the three committed rape with her in the office. She remained with them throughout the night. Thereafter Bijender took her to Alipur where she was taken to the house of one Raju, where she remained throughout the night. Thereafter, in the morning, accused -Bijender took her to the house of his friend Harpal in Rajouri Garden, where also Bijender, in J.J.Colon. Bijender and Ram Kumar consumed liquor in her presence. She asked her to open the door. She did not open the door. On hearing noise, somebody telephoned the police. Ram Kumar ran away from there, whereas she and Bijender were apprehended by the police.