SHYAM SUNDER AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present appeal has been filed by the appellants Shyam Sunder son of Raj Bansi and Kamaldev Parsad son of Parsuram Parsad challenging the judgment and order dated 07.08.2010 and 09.08.2010 whereby the appellants have been convicted and sentenced to undergo rigorous imprisonment for ten years besides pay a fine of Rs. 20,000/- and to further undergo rigorous imprisonment for two and a half years in default of payment of fine for the offence punishable under Section 376 (2)(g) IPC and also sentenced to undergo rigorous imprisonment for two years besides pay a fine of Rs. 2000/- and to further undergo rigorous imprisonment for six months in default of payment of fine for the offence punishable under Section 506 IPC.

(2.) Prosecution was set in motion on the statement of the prosecutrix Ex. PA recorded on 14.11.2009. Prosecutrix revealed that she was a permanent resident of Bihar living on rent near Radha Krishan Mandir, Kapashera. She was engaged in the work of thread cutting at plot No. 383 Udyog Vihar, Phase 2. When she got free from work at night on 14.11.2009, she went to meet her friend Radhika in Chhipi Colony, Salarpur Khera. However, on reaching there she came to know that her friend had vacated the house. On the way back, she met acquaintance Jaseem PW2 who also hailed from District Atta Bihar. He offered to escort her till the main road as it was late at night. When she and Jaseem reached near the Shakti Timber Store, Sector 21 at about 9.40 p.m., three persons were standing outside the store. They accosted them, two of them caught hold of Jaseem who managed to escape from their custody whereas one person whose name later was revealed as Surinder @ Nitin forcibly took her inside the room. When she tried to raise a hue and cry, he hit on her left foot and waist. He threatened to kill her if she raised any noise. He committed carnal intercourse and thereafter the other accused whose names were later revealed to be Shyam Kumar and Kamal Dev who were first standing guard at the gate raped her one by one. All of them used condom while raping her and thereafter all three fled from the spot. She being scared and it being very late at night, she went to her rented accommodation at Kapashera and came to lodge the report on the next day. On the basis of this statement, FIR Ex. PA/2 was registered.

(3.) Statement Ex. PA was recorded by PW7 ASI Dhanesh Kumar. On visiting the spot, rough site plan Ex. PD was prepared. Broken pieces of bangles were recovered from the spot and taken in possession vide memo Ex. PE. Spot was photographed. Prosecutrix was medically examined at General Hospital, Gurgaon. Prosecutrix was examined by PW11 Dr. Sushila Yadav, Medical Officer, General Hospital, Gurgaon. Copy of the medico legal report Ex. PQ/1 was received. Forensic Science Laboratory report Ex. PR was received. Dr. Sushila Yadav opined that possibility of sexual assault on the person of the prosecutrix could not be ruled out. It is also recorded by the doctor that husband of the prosecutrix was revealed to have been absconding for about nine years. Both the appellants were arrested from Gundahera on 15.11.2009. Surinder accused was not arrested by the police.