ROHTAS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment will dispose of two appeals arising out of the ame judgment of the learned Additional Sessions Judge (Fast Track Court) passed by him on 27.8.2003 by which the accused-appellants were sentenced to rigorous imprisonment for ten years each under the provisions of Sections 376(2)(g) and 109 of the Indian Penal Code.

(2.) THE prosecution case in brief that Lachma, the prosecutrix, aged about 20 years was married at Phagwara on 19.9.1999. She had come to her father Shankar Lal's house at about 8.00 p.m. She had gone to the house of the Gopal-accused to pay some amount on account of the committees being run by the said accused and as she entered the room, Gopal took money from her and when she insisted upon a receipt in writing, Gopal took out his knife and called his sons Vinod and Rohtas there. The accused Nasirudin was also present there at that point of time. It is alleged further that Vinod and Nasirudin forcibly caught hold of her hands and Vinod and Rohtas committed rape on her, while Gopal remained standing there with a knife in his hands. Lachma raised a hue and cry and upon hearing her cries, her sister-in-law, Shaguna came there and rescued her from the accused and took her back to the house. Next day in the morning, matter was reported to the police but no action was taken against the accused persons and ultimately, she filed complaint before the Snior Superintendent of Police, Kapurthala on 28.9.1999, on the basis of which an inquiry was conducted by Makhan Singh, Deputy Superintendent of Police, and a case under the provisions of Sections 354, 511, 506, 34 IPC was registered against the accused persons. The accused persons were arrested and after completion of the investigation, challan was presented against them before the Court of learned Sub-Divisional Judicial magistrate, Phagwara.

(3.) THE prosecution examined PW-1 Kusum Sharma, PW-2 Laxmi and PW-3 Shankar Lal. The prosecutrix-Lachma moved an application for adding an offence under Section 376 IPC to the list of offences and the learned Sub-Divisional Magistrate, Phagwara vide his order dated 16.8.2002, finding a prima facie case under Section 376 IPC, having been made out against the accused, allowed that application and the case was committed to the Court of Sessions for trial.