BHIRA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ASSAILED in this appeal is the judgment of conviction dated 20/23.1.2001 passed by the learned Additional Sessions Judge, Fatehabad, vide which the accused-appellants Bhira Singh and Amrik Singh (hereinafter referred to as 'the accused') were convicted under Sections 366, 376 (g), 506 read with Section 34 IPC and were sentenced as under :-

(2.) HOWEVER , all the substantive sentences were ordered to run concurrently.

(3.) ON the statement of Ram Phal-complainant (hereinafter referred to as 'the complainant'), FIR No. 177 dated 30.12.1998, under Sections 363, 366, 34 IPC (Ex.PO) was registered at Police Station, Jakhal. The quest for search continued, ultimately on 27.2.1999, SI Jai Pal Singh (PW12) recovered the prosecutrix from the house of Mangal Singh at Ferozepur. He also arrested the accused on the same day from Ferozepur. Thereafter, the prosecutrix was medico-legally examined. Regarding age, she was examined by Dr. Arun Gupta, Radiologist (PW11) on 4.3.1999, who observed the prosecutrix to be between 15 to 17 years of age. Investigating Officer recorded statements of the witnesses; prepared rough site plan of the place of occurrence; collected reports from the Forensic Science Laboratory, Madhuban and ultimately filed report under Section 173 Cr.P.C. against the accused.