RAJESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 21.03.1994, and the order of sentence dated 24.03.1994, rendered by the Court of Additional Sessions Judge, Rohtak, vide Crl. Appeal No. 260-SB of 1994 which it convicted Rajesh and Jitender, accused, (now appellants ), as under:-

(2.) THE facts, in brief, are that, on 24.09.1992,the prosecutrix (the name is not being mentioned in view of the pronouncement of the Apex Court),aged about 13/14 years, daughter of Shyam Lal, had gone to the fields to ease herself at about 7.00 pm. When she was returning to her house, Ram Singh, Rajesh and Jitender @ Phirya, accused met her on the way. Rajesh alias Phirya and Ram Singh, accused, caught hold her of her hands. Jitender alias Phirya gagged her mouth and she was forcibly taken to a place behind Devi Mandir. The accused threatened to kill her, if she raised alarm. The prosecutrix was taken to the Bajra (Fodder) field. Rajesh, accused broke the string of trouser (salwar) of the prosecutrix and committed rape with her. Thereafter, Ram Singh and Jitender alias Phirya, accused, committed rape with her. All the accused confined the prosecutrix, at that place, and had been continuously committing rape with her one by one. At about 5.00 AM, on 25.09.1992, the accused left the prosecutrix near Shanti Cinema, Kalanaur, and ran away. The prosecutrix came to her house, and narrated the occurrence, to her mother Phulpati. At that time, Shyam Lal, and Bobby, father and brother respectively of the prosecutrix, were not available in the house. The father of the prosecutrix had gone to village Bahman, in connection with some family affairs, whereas Bobby, her brother, was away to Bhiwani. Her father Shyam Lal came back on 26.09.1992, to his house, from village Bahmanwas. He was told by the prosecutrix and her mother about the occurrence. Thereafter, the matter was reported to the Police. The statement Ex. PF of the prosecutrix was recorded, which was signed by her. Gurbachan Singh, Sub Inspector/Station House Officer appended his endorsement Ex.PF/1,thereon,and the FIR Ex.PF/2 was registered. The prosecutrix was got medico legally examined. Thereafter, the Investigating Officer went to the place of occurrence, and prepared the site plan Ex. PU. After the medico legal examination of the prosecutrix, the doctor handed over to the Police a sealed parcel, containing her clothes and an envelope alongwith another sealed parcel of swabs. The same were taken into possession, vide recovery memo Ex. PV. The accused were arrested on 25.09.1992, and were got medico legally examined. School leaving certificate Ex. PT of the prosecutrix showing her date of birth as 18.07.1979, was taken into possession by the Police. Another certificate Ex. PG mentioning the date of birth of the prosecutrix, as 18.07.1979, and issued by the Registrar, Births and Deaths, Kalanaur (Rohtak), was also taken into possession. Scaled site plan Ex. PA, was got prepared, from Satpal Singh, Patwari. Report of the Forensic Science Laboratory was obtained. After the completion of investigation, the accused were challenged.

(3.) THE prosecution, in support of its case, examined Sat Pal Singh, Patwari, (PW-1), Dr. Usha Rani, Medical Officer, CHC Dabawali, (PW-2), prosecutrix, (PW-3), Som Nath, Clerk, Municipal Committee, Kalanaur,(PW-4), Sham Lal, father of the prosecutrix, (PW-5), Dr. L.L. Bundella, Medical Officer, PHC, Pakasma, (PW-6), Dr. M.K. Bishnoi, SMO, Civil Hospital, Rohtak, (PW-7), Shrimati Vidayawati, Headmistress, Government Primary School, Kalanaur, (PW-8), and Gurbachan Singh, Inspector, the Investigating Officer, (PW-9). Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.