VEER BHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment would dispose of three appeals, mentioned above, filed by appellants Veer Bhan, Raju, Ajmer, Ramesh Kumar, Suraj Bhan alias Suraj and Bagicha against the impugned judgment dated 15.1.2001 and the sentence order dated 19.1.2001 passed by Ms. Raj Rahul Garg, the then Additional Sessions Judge, Panipat in case FIR No. 20 dated 10.2.1999 under Sections 376(2)(g), 506 and 148 read with Section 149 of the Indian Penal Code, Police Station Sadar, Panipat.

(2.) VEER Bhan, Ramesh Kumar and Ajmer were convicted under Section 376(2)(g) IPC for committing rape on the prosecutrix and each of them was sentenced to undergo imprisonment for life and to pay fine of Rs. 10,000/-, each, and in default of payment of fine to further undergo RI for 3 years. Bagicha, Raju and Suraj Bhan alias Suraj-appellants threatened the prosecutrix, as a result of which she was scared and they were members of the unlawful assembly, the object of which was to commit gang rape on her and they were convicted under Section 376(2)(g) IPC and each of them was sentenced to undergo RI for 10 years and to pay fine of Rs. 10,000/- each, and in default of payment of fine to further undergo RI for 3 years. It was ordered that the fine, if realised, shall be paid to the prosecutrix by way of compensation. The appellants were further convicted under Section 506 IPC read with Section 149 IPC and each of them was sentenced to undergo RI for 2 years. They all were also convicted under Section 148 IPC and each of them was sentenced to undergo RI for two years. All the sentences were ordered to run concurrently.

(3.) THE facts of the prosecution case are that on 5.2.1999 Suraj Bhan alias Suraj-appellant came to the house of PW-2 Lal Chand, husband of the prosecutrix (her name is not mentioned and she would be described hereinafter as 'the victim') and took him along with him. The time was about 6/6.30 p.m. He was taken to the tube-well of Hari Singh Gujjar. All the five remaining appellants, namely; Veer Bhan, Bagicha, Ajmer, Ramesh Kumar and Raju were present there. They were already known to PW-2 Lal Chand. Ajmer-appellant brought a can of liquor. PW-2 Lal Chand was made to drink liquor excessively, as a result of which he lost his senses and he fell asleep there.