RAHUL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Since common questions of law and facts are involved in both these appeals, i.e. CRA-D-1261-DB of 2015 and CRA-D-1480-DB of 2015, therefore, these are taken up together and being disposed of by a common judgment.

(2.) These appeals are instituted against judgment dated 29.07.2015 and order dated 30.07.2015, rendered by learned Additional Sessions Judge, Gurgaon, whereby appellants Rahul and Dharambir, who were charged with and tried for the offences punishable under Sections 376D, 365 and 506 IPC, were convicted and sentenced to undergo rigorous imprisonment for a period of twenty years and to pay a fine of Rs. 10,000/- each for the offence punishable under Section 376D IPC, and in default of payment of fine, to undergo rigorous imprisonment for a period of two years. They were also convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/- each for the offence punishable under Section 365 IPC, and in default of payment of fine, to undergo rigorous imprisonment for a period of one month. They were also convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/- each for the offence punishable under Section 506 IPC, and in default of payment of fine, to undergo rigorous imprisonment for a period of one month. All the punishments were ordered to run concurrently.

(3.) The case of the prosecution, in a nutshell, is that the prosecutrix (name withheld) addressed a complaint to Station House Officer, Police Station Civil Lines, Gurgaon, stating therein that she was resident of Hariahera, Police Station Bhondsi, District Gurgaon. She was married six months back. She was going to her in-laws house at Jhajjar accompanied by her husband on 24.11.2014. Dharambir son of Piyare Lal of her village had seen her in the company of her husband. He used to stalk her prior to her marriage. He reached Bus Stand, Gurgaon, accompanied by another boy Rahul son of Budhi. Her husband had gone to purchase fruits etc. at the gate of Bus Stand. In the meanwhile, Dharambir and Rahul approached her. Dharambir stated that he had asked her to marry him prior to her marriage. He insisted her to accompany him, otherwise her husband Parveen would come. He would keep her with dignity. In case, she did not obey his dictates, he would kill her. He made her to sit on the motorcycle. Later on, she was kept in some vacant room in a valley in Sohna. Dharambir and Rahul raped her repeatedly. On the next day, she was taken to U.P. She was taken to Haridwar on 29.11.2014. She was kept in a room for two days. They continuously raped her. It is in these circumstances that the FIR was registered. Lady Assistant Sub Inspector Saroj Bala prepared the rough site plan upon the demarcation of the prosecutrix by reaching Bus Stand. She also recorded the statement of the prosecutrix under Section 161 Cr.P.C. The prosecutrix was got medico legally examined on 03.12.2014. Accused were arrested. The investigation was completed and challan was put up after completing all the codal formalities.