HEENA ALIAS BABITA Vs. STATE OF HARYANA

JUDGEMENT

(1.) - This judgement, shall dispose of Criminal Appeal No. 324- SB of 1996, filed by Heena alias Babita wife of Sandeep, and Hardevi wife of Navneet Bajaj, and Criminal Appeal No. 338-SB of 1996, filed by Sandeep son of Ved Parkash Sharma, Dheeraj son of Navneet Rai, Krishan Kumar Malik son of Sain Ditta, Vijay Kumar son of Gurdayal Singh, Krishan Kumar Takkar son of Inder Dass Khatri, and Krishan alias Kaka son of Chaudhary Lal, accused (now appellants), against the judgement of conviction and the order of sentence, dated 24.04.96, rendered by the Court of Additional Sessions Judge, Kurukshetra, vide which, it convicted and sentenced them, as under :- Name of the accused (now appellants) Offence for which convicted Sentence awarded 1 2 3 i Heena alias Babitaii Hardevi (a) Under Section 366 of the Indian Penal Code. To undergo rigorous imprisonment for a period of five years each and to pay a fine of Rs. 1000/-, each, in default thereof, to further undergo rigorous imprisonment for a period of six months each. iii Sandeep iv Dheeraj (b) Under Section 366 of the Indian Penal Code. To undergo rigorous imprisonment for a period of five years each and to pay a fine of Rs. 1000/-, each, in default thereof, to further undergo rigorous imprisonment for a period of six months each. v Krishan Kumar Malikvi Vijay Kumarvii Krishan Kumar Takkar (c) Under Section 366 of the Indian PenalCode. To undergo rigorous imprisonment for a period of five years each and to pay a fine of Rs. 1000/-, each, in default thereof, to further undergo rigorous imprisonment for a period of six months each. (d) Under Section 376(2)(g) of the Indian Penal Code. To undergo rigorous imprisonment for a period of ten years each and to pay a fine of Rs. 2,000/-, each, in default thereof, to further undergo rigorous imprisonment for a period of one year each. All the substantive sentences were ordered to run concurrently.

(2.) THE prosecution case, proceeded in the manner, that the prosecutrix aged about 17 years, resident of Sarswati Road, Pehowa, had passed 10th class. Her father died about 12 years earlier to 23.06.94. She had got two sisters namely Sangeeta, and Ritu. Ritu was 8 years old, at the relevant time. The prosecutrix, her mother Narayani Devi, and younger sister Sangeeta, were running a book seller shop. There were vacations in the school. She alongwith her mother and three sisters after closing the book shop, came to Darra Khera, in Thanesar, to meet her mother's sister (Mausi), about 15 days before 23.06.94. They were residing with her mother's sister (Mausi). On 23.06.94, at about 1.00 PM, the prosecutrix alongwith her sister Ritu, came to Sector 13, Kurukshetra, to meet their aunt, wife of Des Raj. She was talking to her aunt. At about 2.00 PM, Hardevi, her god-father's sister (Bua), accompanied by her daughter Heeena, Heena's husband Sonu, and Heena's brother Dheeraj, residents of Dakshinpuri near Virat Cinema, Flat No. 244, Block No. 20, near New Madangir, Delhi, accompanied by six boys, whose names, the prosecutrix did not know, but could identify them, if shown to her, came to the house of her aunt aforesaid. Thereafter, she was forcibly put in a blue Maruti van and was taken near a bridge in a vacant bungalow (kothi). It was further stated that in that bungalow (kothi), she was subjected to sexual intercourse forcibly by one hefty man, who was being called as Kaka, and by another man, who was short statured (geetha), having a beard after removing her clothes. It was further stated that the family of the godsister of her father was sitting in another room in that bungalow. It was further stated that the remaining six persons were in the same room, who were fondling her. Some of them inserted finger in her anus. Some of them gave tooth bite on her face. Thereafter, all of them, took her forcibly in a Maruti van to Radaur, to the house of the in-laws of her father's sister Hardevi. Thereafter, her father's sister Hardevi, cut her hair and gave her beatings with shoes. It was further stated that after Criminal Appeal No. 324-SB of 1996 6 Criminal Appeal No. 338-SB of 1996 getting an opportunity, she boarded the bus and came to Kurukshetra. Thereafter, she accompanied by her mother and younger sister, went to the Police Station on 23.06.94, and made a statement exhibit PE, containing the aforesaid facts, which was recorded by the Police. It was read-over and explained to her, and after admitting the same to be correct, she signed it. Endorsement PE/1, was appended on the said statement and the same was sent to the Police Station, on the basis whereof, the first information report PE/2, was registered.

(3.) ON 28.06.94, one Ramesh Miglani, produced accused Krishan alias Kaka son of Chaudhary Lal, Vijay Dua son of Gurdayal Singh, Krishan Kumar Malik son of Sain Ditta, and Krishan Kumar Takkar son of Inder Dass Khatri. On 28.06.94, the prosecutrix came to the Police Station and made supplementary statement. In that statement, she named all the accused with their parentages etc. The statements of the witnesses were recorded. After the completion of investigation, the accused were challaned.