SANJAY KUMAR AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of CRA No. D -905 -DB of 2012 (Sanjay Kumar versus State of Haryana) and CRA No. D -1171 -DB of 2012 (Rajpal @ Nanha versus State of Haryana) arising out of a common judgment dated 04.06.2012 passed by learned Additional Sessions Judge, Fatehabad.

(2.) APPELLANTS have been convicted for the offence punishable under Section 363 IPC and sentenced to undergo rigorous imprisonment for three years besides a fine of Rs. 5000/ - and in default of payment of fine to undergo rigorous imprisonment for six months; for the offence punishable under Section 366 IPC sentenced to undergo rigorous imprisonment for five years besides a fine of Rs. 10,000/ - in default of payment of fine to undergo rigorous imprisonment for 12 months and for the offence punishable under Section 376(2)(g) IPC sentenced to undergo rigorous imprisonment for ten years besides a fine of Rs. 20,000/ - and in default of payment of fine to undergo rigorous imprisonment for 24 months. Sentence imposed on various counts has not been ordered to run concurrently.

(3.) PROSECUTRIX was medico legally examined by Dr. Shivani Saini, MLR being Ex. P36. The statement of the prosecutrix under Section 164 Cr.P.C. (Ex. P2) was recorded on 07.01.2010. She has narrated the incident as told by her to her parents inculpating both the appellants. Accused Rajpal was arrested on 08.01.2010. He suffered a disclosure statement Ex. P24 and pointed out the place of occurrence. Rajpal was medico legally examined by Dr. Sumit Bansal, PW 5. Appellant Sanjay was arrested on 09.01.2010 by PW 9, SI Ganga Ram. Disclosure statement Ex. P29 was suffered by Sanjay and the place of occurrence was pointed out by him and a knife, Ex. P35 was also got recovered by him. Sanjay was medico legally examined by Dr. Sunil Kumar Goyal, PW 6. Middle Standard examination certificate, Ex. P6 pertaining to the prosecutrix was taken in possession vide memo Ex. P5. Her date of birth in this document is recorded as 04.11.1995.