CHARAN SINGH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal lays challenge to the judgment of conviction and order of sentence dated 27.4.2010 and 30.4.2010, respectively passed by the Additional Sessions Judge, Panipat whereby the appellants have been convicted and sentenced for commission of offence punishable under Sections 376(2)(g), 506 of the Indian Penal Code (in short "IPC"), detailed hereinbelow: -

(2.) THE story of the prosecution is that on 23.9.2008, the prosecutrix (name kept secret) along with her mother Sudesh and uncle Ishwar Singh met Inspector Virender Singh at Adiyana turn Madlauda where the prosecutrix got recorded her statement Ex. PB. As per allegations, she was a student of 10 + 2 and her father was employed in Haryana Roadways at Chandigarh. On 9.9.2008, she and her mother were going on foot from their village to Madlauda for obtaining her roll number for 10 + 2 examinations. At about 1.00 p.m., when they reached near field of Balwan son of Prita resident of village Joshi, accused Charan Singh and Karambir came from the side of village Joshi on motor cycle. They enquired from her as to where she was going. She told them that she was going to Madlauda for obtaining her roll number for 10+2 examinations. Charan Singh told that they were also going to Madlauda and would drop her there. Accordingly, she sat on their motor cycle whereas her mother returned from there. The motor cycle was driven by Karambir. On reaching Madlauda, he turned the motor cycle towards Adiyana. When she inquired as to where she was being taken, they asked her to remain sitting on the motor cycle otherwise she would be done to death. They took her to forest of village Nain and committed rape upon her one by one. Thereafter, they dropped her at Madlauda and extended threats that if the matter was disclosed to any person, she would be killed. She returned to her village Joshi and narrated the entire occurrence to her mother who advised that whenever her father would return, the occurrence would be disclosed to him. They waited for return of her father but he had not returned so far.

(3.) COPIES of the documents as contemplated under Section 207 Cr.P.C. were supplied to the accused. The case was committed to the Court of Sessions as offence under Section 376(2)(g) IPC being exclusively triable by the said Court.