DHEERAJ Vs. STATE OF HARYANA.

JUDGEMENT

(1.) An appeal has been preferred by the appellants who are aggrieved by the judgment of conviction dated 21.07.2014 and order of sentence dated 25.7.2014 passed by the learned Additional Sessions Judge, Rohtak in FIR bearing No. 440 dated 26.10.2010 vide which accused- appellants have been convicted under Sections 366 read with Section 34, 376 (2)(g) and 506 read with Section 34 IPC and sentenced as follows: In default of imprisonment for a payment of fine, convicts shall period of two years. undergo rigorous imprisonment for a period of one month. The substantive sentences were directed to run concurrently.

(2.) Briefly the facts as put forth by the prosecution are to the effect that the prosecutrix was a student of 9th class. On 25.10.2010 at about 8 A.M. she was proceeding to her school on foot. When she reached the bus stand, a white colored Maruti Van came from behind and stopped adjacent to the prosecutrix. The vehicle was being driven by a boy and two other persons were also sitting on the rear seat. One of the persons sitting on the rear seat was Dheeraj-appellant No.1 and his sister Savita, DW1 was married to Bijender, the cousin of the prosecutrix. The other two occupants of the van were not known to the prosecutrix. Dheeraj asked the prosecutrix to sit in the van and they will drop her in front of the school. At the first instance, the prosecutrix was reluctant but on the insistence of Dheeraj, she sat in the van. On the asking of Dheeraj, the driver of the van turned it towards Gijji road. The prosecutrix raised an objection stating that her school was not in the said direction. Dheeraj asked the prosecutrix to remain silent and thereafter, the van was stopped at an isolated place at a distance of about 2 Kms from the village. The van was having tinted glasses. Thereafter, Dheeraj broke the string of salwar of the prosecutrix and both the boys committed rape upon the prosecutrix. The prosecutrix started crying and requested them not to do so. However, both the boys sitting on the rear seat committed rape upon her. The prosecutrix was dropped at bus stand at about 2 P.M. and the van was taken towards Sampla. The prosecutrix returned back to her house but did not narrate the incident to her parents on the day of occurrence. On the following day i.e. 26.10.2010 she revealed the incident to her parents and the matter was reported to the police.

(3.) The accused-appellants faced trial in the Court. The prosecution had examined 21 witnesses during the course of its evidence. The statements of the accused under Section 313 Cr. P.C. have been recorded and the accused have examined Savita, DW-1, the sister of Dheeraj-accused during the course of defence evidence.