RAJESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY way of present appeals the appellants have assailed the judgment and order of the Addl. Sessions Judge, Kaithal dated 20.11.2003/21.11.2003 vide which they have been convicted and sentenced to undergo rigorous imprisonment for a period of seven years each and to pay a fine of Rs. 2,000/- each, in default of payment of fine to further undergo rigorous imprisonment for a period of six months under Section 366 IPC; to undergo rigorous imprisonment for a period of six months each under Section 342 IPC; to undergo rigorous imprisonment for a period of one year each under Section 506 IPC and also to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 10,000/- each, in default of payment of fine to further undergo rigorous imprisonment for a period of two years each under Section 376(2)(g) IPC.

(2.) ON the statement of prosecutrix Suman Devi (PW-8) a case under Sections 376, 506, 342, 366 read with Section 34 IPC was registered against the appellants namely Ramphal, Rajesh Kumar and Ishwar Singh. According to the prosecutrix and the statement which she had got recorded before the police, on 22.3.2000 at 10.00 a.m. when her parents were away to collect fodder, she was proceeding to the shop of Banta Ram for purchasing vegetables, and when she reached near the house of Ishwar Singh, Raju doctor, who had his clinic in the house of Ishwar and Ishwar came there. Both of them forcibly took her to the house of Ramphal son of Rameshwar in a room. Raju doctor had broken the string of her Salwar forcibly and committed rape with her. Thereafter both of them threatened her that in case she raised alarm, she would be put to death. After putting lock outside the room they went away. She remained in the room till 9.00 p.m. Thereafter all the three accused persons returned and committed rape with her one by one and she was confined to the room throughout the night. In the morning they again locked the room and went away. At about 12.00 noon she raised the alarm and on hearing the alarm her cousin Parkash, who was passing by in the street, broke-open the planks of the door and took her out of the room. She narrated the whole incident to her parents. A panchayat was arranged in the village but the accused did not participate in the same. Thereafter she got her statement recorded before the police.

(3.) THE prosecution examined as many as 10 witnesses in support of its case besides producing the various exhibits seized during the course of investigation. In the statement recorded under Section 313 of the Code of Criminal Procedure the appellants refuted all the allegations of the prosecution and pleaded false implication for the reason that there was civil and criminal litigation going on between the parties. Accused Rajesh Kumar alias Raju doctor further pleaded that Suman Devi prosecutrix was involved with him and she had written letters which established her intimacy with him. Exs. DF/1, DG/1, DH and DJ were the letters exchanged between the two and were brought on record by way of evidence.