SUMIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Since common questions of law and facts are involved in both these appeals, therefore these are taken up together and disposed of by a common judgment.

(2.) These appeals have been instituted against the judgment and order dated 08.07.2016 and 12.07.2016 rendered by the Additional Sessions Judge, Rohtak, in Sessions Case no.40/2014 whereby the appellants were charged with and tried for offence punishable under Section 376-D of the Indian Penal Code (in short 'IPC') read with Section 9(g) of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The appellants were convicted and sentenced to undergo rigorous imprisonment for a period of 20 years and to pay a fine of Rs.10,000/- each and in default of payment of fine, to further undergo simple imprisonment for a period of six months for offence punishable under Section 376-D of the IPC.

(3.) The case of the prosecution in a nutshell is that on 02.04.2014 Lady Assistant Sub Inspector (L/ASI) Sudesh along with other police officials was present in front of gate of Police Station in connection with law and order duty. The prosecutrix (name withheld) along with her father Pehlad Singh and her mother Saroj accosted her. She moved an application to the effect that she was resident of village Gharonthi. Her date of birth was 15.12.1998. On 26.03.2014 at about 04.30 P.M. when she was alone at her home and her parents had gone for their work, Naveen @ Panna son of Dharambir caste Dhanak, resident of village Gharonthi came to her house. He told her that her mother was cutting fodder in the sugarcane field of Raju. She had called her there. The prosecutrix went there. Panna and Sumit met her. They caught hold of her. They removed her salwar forcibly. They committed rape upon her turn by turn. She raised alarm. Mukesh son of Haria came on the spot. Accused fled away from the spot on seeing Mukesh. She came back her home with Mukesh. She narrated the incident to her mother. Her father had gone outside. He came back on 02.04.2014. Thereafter FIR was registered. The prosecutrix was medically examined. Accused were arrested. FSL team also visited the spot. Site plan was got prepared. Case property was deposited with FSL on 04.04.2014. The certificate of date of birth of the prosecutrix was collected. The investigation was completed. Challan was put up after completing all the codal formalities.