BITTA AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants Bitta and Bijender have preferred the instant appeal against the judgment of conviction and sentence dated 08.02.2012 vide which they were convicted and sentenced to undergo rigorous imprisonment for ten years and pay a fine of Rs.5000/- each under Section 376(2)(g) IPC. In default of payment of fine, they were required to further undergo rigorous imprisonment for one year. Appellant Bitta was further sentenced to undergo rigorous imprisonment for three years with a fine of Rs.2000/- under Section 363 IPC. In default of payment of fine, he was required to further undergo rigorous imprisonment for one month. Both the sentences awarded to appellant Bitta were to run concurrently.

(2.) The facts leading to the institution of present appeal are being noticed first.

(3.) On 28.05.2010 prosecutrix (PW7) accompanied with her father and aunt Kamlesh met the police and made a statement (Ex.P12) stating that she was a student of 10th standard, her father was a labourer. On 23.05.2010 she was alone in the house. Bitta called her out and took her to the house of Bijender, where both of them i.e. Bitta and Bijender raped her. She narrated the incident to her father, but due to shame they did not report the incident.