SHANKAR AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellants Shankar and Baljeet have assailed the judgment passed by the Additional Sessions, Bhiwani who vide its judgment dated 22.08.2001 had convicted both the appellants along with one other accused and awarded the following sentence: -

(2.) THE occurrence which gave rise to the FIR is said to have occurred between 1st October to 5th October, 1998. The prosecutrix was stated to be a minor and had gone to collect wood from the fields of Suresh. The complaint was lodged by the mother Ratni Devi, a year later on 28.11.1999. The complainant's husband had died few years ago. She had alleged that she used to cultivate the land of Suresh. Her daughter had gone to collect wood at 3:00 PM in the said field but did not return that night. The mother searched for her but could not trace her. She returned the next morning at 10:00 AM and disclosed to her mother that three young persons had waylaid her and made her sit in a Rickshaw and she was taken to the fields near village Bapora where she was kept in a 'Kotha' and was threatened and three boys raped her and the next morning she was released and was given a threat that she should not report the incident to the police. The complainant disclosed that victim did not know the name or whereabouts of the culprits and she made every effort and now she had come to know that they were Suresh Kumar @ Suraj Kumar, Shankar and Baljeet @ Bachee.

(3.) THE accused were arrested and on completion of investigation, challan was presented under Sections 342/363/366/376(2)(g) and 506 IPC.