NARESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common judgment, I dispose of Criminal Appeal No. 3425B of 1993 and Criminal Appeal No. 343-SB of 1993.

(2.) These two appeals are directed against the judgment of the learned Additional Sessions Judge, Jalandhar in Sessions Case No. 47 of 1992 dated 14-8-1993 whereby the appellants in both these appeals were convicted for the offence under Section 376 Indian Penal Code and sentenced them to undergo rigorous imprisonment for a period of ten years and pay a fine of Rs. 1,000/- each. Jagpal, appellant in Criminal Appeal No. 343-SB of 1993 is accused No.1 while Naresh Kumar, appellant in Criminal Appeal No. 342-SB of 1993 is accused No.2 in the Sessions trial.

(3.) According to the case of the prosecution, the prosecutrix, Sunita went to the fields to answer the call of nature at about 5.30 p. m. on 25-11-1991. Two boys came and caught hold of her. One of them was Jagpal who was the neighbourer of the victim girl and brother-in-law of Kamail Singh. The other boy was not known to her. Both of them lifted her and took at some distance and committed rape on her without her wishes and consent. She tried to be free but in lain. She raised hue and cry. The blood started coming out of her private part. In the meantime, her mother Raj and her maternal aunt Kanta came there in search of the girl as it had become dark. On seeing her mother and maternal aunt, both the boys ran away from the spot. Thereafter, her mother and aunt took her to the house. Her father came late at night and they told the whole incident to him. On the next day morning, they proceeded to the police station to lodge the report. On the way, they met S.I. Darbati Lal who recorded the statement of victim girl Sunita. On the basis of that statement, case was registered in F.LR. No. 119 dated 26-11-1991 for the offence under Section 376 read with Section 34 I.P.C. The victim girl was sent to the hospital for medical examination. After completion of the investigation, a charge sheet was filed against the accused. In order to prove the guilt of the accused, the prosecution examined 11 witnesses. After closure of the evidence of the prosecution, the accused were examined under Section 313 Cr.P.C. Both the accused denied the commission of offence and stated that they were falsely implicated. The accused did not adduce any evidence in defence when called upon. On a consideration of the entire evidence on record, the learned Additional Sessions Judge, Jalandhar convicted both the accused for the offence under Section 376, I.P.C. and sentenced them to undergo rigorous imprisonment for ten years and pay a fine of Rs. 1,000/- each. Aggrieve by the same, both the accused preferred the above appeals.