RAM MEHAR AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of two appeals i.e. CRA-S-93- SB-2014 and CRA-S-915-SB-2016 as both these appeals arise out of a common judgment and order dated 24/28.10.2013.

(2.) Cra-S-93-Sb-2014 has been preferred by the appellants - Ram Mehar and Surender and CRA-S-915-SB-2016 has been preferred by Pala @ Satpal challenging judgment dated 24.10.2013 passed by the learned Additional Sessions Judge, Jind, whereby appellants - Ram Mehar and Surender have been convicted for the offences punishable under Sections 376(2)(g), 365, 366, 506 read with Section 34 IPC and appellant - Pala @ Satpal has been convicted for the offence punishable under Section 376(2)(g). Vide order dated 28.10.2013, appellants - Ram Mehar and Surender have been sentenced to undergo rigorous imprisonment for ten years besides pay a fine of '5,000/- for the offence punishable under Section 376(2)(g) IPC and in default thereof undergo rigorous imprisonment for two months; to undergo rigorous imprisonment for seven years besides pay a fine of '2,000/- for the offences punishable under Sections 365/34, 366/34 IPC and in default thereof undergo rigorous imprisonment for one month and to further undergo rigorous imprisonment for two year besides pay a fine of '1,000/- for the offence punishable under Section 506/34 IPC and in default thereof undergo rigorous imprisonment for 15 days. Appellant - Pala @ Satpal has been sentenced to undergo rigorous imprisonment for ten years besides pay a fine of '5,000/- for the offence punishable under Section 376(2)(g) IPC and in default thereof undergo rigorous imprisonment for two months.

(3.) Brief facts necessary for adjudication of this case are that FIR No. 143 dated 11.09.2011 (Ex. PE) for the offences punishable under Sections 365, 366, 376(g), 506, 34 IPC was registered at Police Station Julana on a written complaint (Ex.PA) submitted by the prosecutrix. The prosecutrix aged about 32 years submitted a complaint (Ex. PA) on 11.09.2011 before the SHO, Police Station Julana, District Jind.