SALENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is filed against the conviction and sentence imposed by the learned Additional Sessional Judge, Karnal on the accused for the offences under Sections 376(g) and 506 I.P.C.

(2.) ACCORDING to the case of the prosecution the daughter and son of Darbara Singh returned from the School at about 4.00 p.m. on 2.3.1987 and at about 4.30 p.m. they went to the Burseem field for taking burseem crop. When Meera was cutting the Barseem crop, accused No. 1 came there and caught hold of her and took her behind the sugarcane field dragging her and accused No. 2 caught hold of Vipin, the brother of Meera and accused No. 1 forcibly snapped the string of the salwar of Meera and fell her on the ground and raped her. Thereafter accused No. 2 also committed the rape on Meera. At that time, accused No. 1 caught hold of Vipin and both the accused threatened Meera not to narrate the incident. Thereafter both the accused left the field. Meera and Vipin returned home weeping and narrated the occurrence to their mother Bhajan Devi. During the night accused No. 2 came to the house of victim and threatened the inmates not to narrate the incident to anybody. The father of the victim came back to the village on 10.3.1987. Then the occurrence was narrated to him. Thereafter they went to the Police and reported the matter. On the basis of the report, the FIR was registered.

(3.) IN order to prove the guilt of the accused, the prosecution examined 12 witnesses and closed its evidence. After the closure of the prosecution evidence, the accused were examined under Section 313 Cr.P.C.