(1.) This judgment shall dispose of aforesaid two criminal appeals bearing number CRA-S-541-SB of 2005 and CRA S- 601-SB of 2005, arising out of common judgment of conviction dated 17.2.2005 and order of sentence dated 19.2.2005, passed by the Additional Sessions Judge (Fast Track Court), Bhiwani vide which both the accused-appellants were convicted and sentenced as under:-
(2.) The accused Parmod was also convicted under Section 376 IPC and sentenced to undergo RI for seven years and to pay fine of Rs.1000/- and in case of default of payment of fine, to further undergo RI for six months. He was also convicted under Section 323 IPC and sentenced to undergo RI for 6 months. All the substantive sentences were ordered to run concurrently.
(3.) In brief, the case of the prosecution is that the victim was married to Ramesh in the year 2000. She was blessed with a son, who was aged 11 months. On the occasion of Rakshabandhan festival, the victim came to the residence of her mother. On 24.8.2003 at about 3.00 pm, she was coming from the street then accused Kiran @ Usha wife of Parmod called her to her house and offered her tea. After some time, her husband i.e. accused Parmod came there and he forcibly took her (victim) to the store room and made her lie on the ground. When she tried to get herself free, the accused Parmod gave her fist blows on her face and nose and Parmod also caught her hair and smashed her on the walls. She further alleged that Parmod gave her bites on her breasts and thighs and tore her jumpher (lady shirt) and also removed her salwar and underwear and threw her clothes in the court-yard. She raised alarm, upon which, Parmod's wife bolted the door and switched on the Faratta (high speed) fan. She further stated that Parmod committed rape upon her against her will and had given her injuries.