HARVINDER SINGH @ RAVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The above mentioned two appeals arise out of judgment dated 02.02.2010 rendered by the then learned Additional Sessions Judge, Jalandhar, whereby accused-appellants Harvinder Singh @ Ravi and Gurjeet Singh @ Jeeta were convicted for committing offence punishable under Sections 366, 376 (g) and 323 of Indian Penal Code (for short 'IPC'). They were also sentenced vide order of sentence of even date. Each one of them was sentenced to undergo RI for 10 years alongwith fine of Rs. 2,000/- with default clause for committing offence punishable under Section 366 IPC; to undergo RI for 14 years alongwith fine of Rs. 2,000/- with default clause for committing offence punishable under Section 376 (g) IPC and to undergo RI for 6 months for committing offence punishable under Section 323 IPC. Co-accused Harpreet Singh @ Happy had died during the pendency of the trial.

(2.) Brief facts of the prosecution case is like this; that on 19.07.2007, Gurdev Singh, father of the prosecutrix got recorded FIR of this case to the effect that his eldest daughter Sandeep Kaur is married whereas his younger daughter aged about 17 years (prosecutrix), studying in 10th Class at Government School, Mustafapur, did not return from the school on 18.07.2007. The prosecutrix has gone to school that day at about 7:30 A.M. She used to come back from school at 3:00 P.M. but she did not return. On this, complainant started making search for prosecutrix. He inquired about whereabouts of the prosecutrix from her friends, whereupon, he came to know that his daughter did not attend the school that day. Complainant also rang-up his relatives but could not find any clue about her. Complainant also reported the matter to the police that 1-1/2 months ago while prosecutrix was going to school, Jeeta and Happy, residents of village Buttar, had eve-teased her. They had been following her on the motorcycle and had also been harassing her. He and his relative Sucha Singh, reasoned out with them by telling them not to harass the prosecutrix. He suspected that his minor daughter may have been abducted by aforesaid Jeeta and Happy. He gave the date of birth of the prosecutrix as 02.12.1990. FIR under Sections 363/366 IPC was registered. Search for the accused was made.

(3.) On the next day i.e. on 20.07.2007, the prosecutrix was recovered from Bus Stand, Nau Gaja, where she was found weeping. Statement of prosecutrix was also recorded by the police wherein she disclosed that on 18.07.2007 at about 8:30 A.M., while she was going to school, situated at Mustafapur, two persons in the name of Happy and Jeeta, were seen by her, riding a motorcycle. They used to eve-tease her in the past. When she was near to them, Happy got down from the motorcycle and after picking her up, placed her on the pillion of the motorcycle between them and, thereafter, they drove her away. As per prosecutrix, motorcycle was being driven by Gurjeet Singh @ Jeeta. When she tried to raise 'RAULA', her mouth was shut with her 'CHUNNI' . They took her to an uninhabited DERA (a HAVELI belonging to Jeeta). Another accused namely Ravi was already waiting in the Haveli. Soon, thereafter, Sonu s/o Gurmel Singh, her neighbour, also reached there. All the four accused made her drink a cold-drink. Resultantly, she fell unconscious. When she regained consciousness, she found herself nude and sexual intercourse had been conducted with her. She felt pain in her entire body. By that time, darkness had dawn. When she tried to raise 'RAULA', all the accused thrashed her with their belts and caused her injuries. Thereafter, all of them raped her turn by turn. In the morning, she was again offered cold-drink. After consuming the same, she again became unconscious and, thereafter, all of them again had committed sexual intercourse with her. On the following morning, accused Jeeta and Happy with an intention to change place have been carrying her by their motorcycle. After reaching at Bus Stand, Nau Gaja, when she raised a noise, they threw her from their motorcycle and had run away. Since the accused were named by the prosecutrix, therefore, the house of the aforesaid accused were raided. Supplementary statement of complainant Gurdev Singh was recorded. Statement of prosecutrix was recorded under Section 164 Cr.P.C. During the course of investigation, accused Gurjeet Singh @ Jeeta, Harpreet singh @ Happy and Harvinder Singh @ Ravi were arrested. Accused Sonu was got declared proclaimed offender as he avoided his arrest by absconding.