DHARMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Two separate appeals have been filed against the judgment dated 03.02.2001, passed by the Additional Sessions Judge, Faridabad who convicted both the appellants in FIR No.171 dated 06.08.1999, registered under Sections 343, 376(2)(g), 342, 323, 506 IPC read with Section 34 IPC and were sentenced to the following imprisonment:

(2.) The facts as they appear from the record may now be exposited. The victim, a married woman having four children left the hut to answer the call of nature at 8:30 PM on 05.08.1999. She went near the railway track when a person holding a danda was standing, he came up to her, shut her mouth and dragged her across the railway track towards village Ajrondi. There were two more persons along with him. She was taken to a hut, situated in the fields and gang raped. The accused fled when they noticed that some lights were approaching the railway track. The victim raised alarm which attracted the villagers. The victim stopped those persons from entering the hut as she had been disrobed and had no clothes on her. The persons who came to help her, gave her some clothes and brought her to the police station. A complaint was lodged. The prosecutrix was got medically examined. The accused were arrested. Their medical was got done. After completion of investigation, challan was filed against three persons.

(3.) Charge was framed against the appellants. They pleaded not guilty.