ABHIMANYU AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellants have filed the present appeal for challenging the judgment and order dated 15/16.7.2003 passed by the Sessions Judge, Narnaul, whereby they were convicted and sentenced as follows: -

(2.) THE substantive sentences, imposed upon the appellants, were ordered to run concurrently.

(3.) DURING the investigation of the case, the prosecutrix returned to her house on 22.8.2001 and, thereafter, her statement was recorded by the police under Section 161 Cr.P.C. On 24.8.2001, the statement of the prosecutrix under Section 164 Cr.P.C. was recorded by Shri Ajay Tewatia, Additional Chief Judicial Magistrate, Narnaul. On the basis of the same, offences under Sections 376 and 506 IPC were also added to the heading of the FIR. Further, Abhimanyu appellant was arrested on 22.8.2001 and the Tata Sumo driven by him at the time of the occurrence was recovered. Hari Partap @ Minu and Yogesh @ Yogi appellants were also arrested on 23.8.2001 and were got subjected to medical examination, during which they were found fit to perform sexual intercourse. The prosecutrix was also medico -legally examined by Dr. Alka Bishoi on 22.8.2001, pursuant to which, vaginal swabs and clothes of the prosecutrix were taken into possession. The statements of the witnesses were recorded and upon completion of the investigation, challan presented against the appellants. Following commitment of the case, all the appellants were charged under Sections 363 and 366 IPC read with Section 34 IPC. Besides, Hari Partap @ Minu and Yogesh @ Yogi appellants were also charged under Section 376 IPC read with Section 34 PC as well. All the appellants pleaded not guilty and claimed trial.