JAI KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THREE appellants, namely, Jai Kumar aged about 17 years, Kukoo alias Rajnish aged 22 years and Pawan Kumar aged 23 years stand convicted and sentenced as under by the Additional Sessions Judge, Ambala, vide his order dated 28th March, 1984 :-

(2.) ON the night between 10th and 11th July, 1983, Salma Khatoon prosecutirx PW4 was sleeping in her house where her sisters, brothers and father were also sleeping on their respective cots. Her mother was also sleeping at some distance. At about midnight she went to answer the call of nature since she felt pain in her stomach. She went three or four killas away from the place where she was sleeping. While she was on her way back after attending the call of nature Jai Kumar and Pawan Kumar appellants met her and forcibly dragged her to a nearby sugarcane field at a distance of 1 or 1-1/2 killas from the village pond. Jai Kumar gagged the mouth of the prosecutrix and Pawan Kumar committed rape upon her. She was kept in the sugarcane field for the whole of the night and again raped. On the next morning, i.e. 11th July, 1983, at about 5 a.m. Kukoo also came there and he also committed rape upon her. She was threatened with dire consequence by all the appellants if she disclosed the incident to anybody. On 12th July, 1983, however, she escaped and came to her home and narrated the whole occurrence to her father. Her father had earlier on 11th July, 1983, lodged a report, Exhibit PQ, at Police Station, Chhachhrauli, under section 363 and 396 of the Indian Penal Code. The prosecutrix was medically examined by Dr. Mrs. C.K. Shukla on 12th July, 1983, at 8 p.m. The following is the report of her medical examination :-

(3.) THE prosecution, apart from Dr. Mrs. C.K. Shukla PW2, Dr. K.C. Maruwah PW3 and Dr. S.S. Mehta PW5 examined Shri A.K. Raghava, JMIC, Jagadhri. He recorded the statement of Salma Khatoon on 26th July, 1983, under section 164 of the Code of Criminal Procedure. PW 4 is Salma Khatoon herself. PW 6 Mahboob Hassan Headmaster, Madrasa Rahimia Faiz e-Karimi, Masjid Pathana, Khizrabad East, brought the school record and produced copy of the same Exhibit PN. According to this document, the date of birth of Salma Khatoon was 17th July, 1968. PW 7 Gurdial Singh Patwari stated that only mudha crop was standing in the field in question. PW. 8 Ajijudin father of Salma Khatoon lodged the first information report and stated that the age of her daughter was about 15 years at the time of the occurrence. Assistant Sub-Inspector Hari Krishna investigated the case and proved a report under section 173 of the Code of Criminal Procedure made by Sub-Inspector Amar Nath.