RAJBALA D/O. HOSHIAR SINGH Vs. DALIP SINGH

JUDGEMENT

(1.) A case was registered on 28.2.1996, vide FIR No. 39, dated 28.2.1996, Police Station City Fatehabad under Sections 363, 366 and 376 of the I.P.C. by Hoshiar Singh, father of the prosecutrix Rajbala wherein he alleged that his daughter Rajbala was missing since the previous evening. Hoshiar Singh suspected the involvement of Dalip Singh and Sarwan Singh in her alleged abduction. The prosecutrix was recovered by the police on 1.3.1996 from the Dhani of accused Sarwan. In her statement recorded under section 161 Cr.P.C., on the same day, she alleged that she had been taken away from her house by Kaushalya W/o. Moman and Suhag Rani W/o. Pala Singh, residents of the same Basti in which the prosecutrix resides to the fields for collecting firewood and after her having thus accompanied the above-named two ladies Kaushalya and Suhag Rani, she was taken to the Dhani of accused Sarwan where she was offered tea by these two ladies and thereafter both these ladies went out of the Dhani leaving the prosecutrix there and then where she was raped by the accused Sarwan and Dalip respectively.

(2.) EVEN in her statement under section 164 Cr.P.C. recorded on 2.3.1996, the prosecutrix stated that after her being taken by Kaushalya and Suhag Rani to the fields of Sarwan, she was offered tea by the above-named two ladies who had mixed some intoxicant therein and after taking it she lost her senses and she was thereafter bolted inside a room by Kaushalya and Suhag Rani where she was raped by the two accused named above.

(3.) IN her statement recorded before the trial Court on 10.9.96, the prosecutrix has testified that on the date and time in question Kaushalya and Suhag had fetched her from her own house to the fields of accused Sarwan for collecting firewood where she was offered tea by the above-named two ladies in the presence of the accused Dalip and Sarwan and after taking tea she became intoxicated whereupon she was taken by Kaushalya and Suhag inside a Kotha where accused Sarwan committed rape on her to be followed by Dalip.