SUMER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal filed by Sumar and Raju @ Satbir and has been directed against the judgment and order dated 8.10.1998 passed by Sessions Judge, Jind, who convicted the appellants under Sections 366 and 376-G of the Indian Penal Code and sentenced them to undergo RI for a period of 5 years each and to pay a fine of Rs. 1,000/- each; in default of payment of fine to undergo RI for 3 months, under Section 366 I.P.C. and to undergo RI for a period of 10 years each and to pay a fine of Rs. 2,000/- each; in default of payment of fine to further undergo RI for 6 months, under Section 376-G I.P.C. Both the sentences were ordered to run concurrently.

(2.) THE brief allegations of the case are that on 21.12.1997 at 2.30 P.M., Suman prosecutrix, resident of Gandhi Nagar, Narwana, aged 13 years, was on way to the shop of Madan for bringing milk, when Sumer and Raju alias Satbir appellants dragged her inside their house, shut the door thereof and raped her one after the other. The appellants told her that in case she informed anybody about the act, she would be killed. However, the noise made by the prosecutrix attracted Dalbir PW, a neighbour of the appellants, to latter's house. He got the door opened and rescued the prosecutrix from the appellants. Then the prosecutrix went to her house and narrated the incident to her parents. The latter, accordingly, visited the house of the appellants to complain against their act. The relatives of the appellants, thereafter, came to the house of the prosecutrix for abusing and beating them. Gaje Singh son of Bhalla also came to the house of the prosecutrix and gave beating to her. The latter made a complaint to the police and on its basis this case was registered. The police moved an application before the doctor and got the prosecutrix medico-legally examined. Sumer appellant was arrested on 23.12.1997, whereas Raju appellant was arrested on 25.12.1997. They were also got medico-legally examined. The statement of the prosecutrix under Section 164 Cr.P.C. was got recorded by the police from Shri Baljit Singh, Sub Divisional Judicial Magistrate, Narwana and after completion of the investigation of the case, appellants were challaned in the Court of Area Magistrate, who supplied the copies of documents to the appellants and vide commitment order dated 6.2.1998 committed them to the Court of Session.

(3.) IN order to prove the charges, the prosecution examined PW 1 Suman prosecutrix, PW 2 Dr. Shashi Singla, PW 3 Dr. B.R. Kayat, PW 4 Dr. R.K. Sharma, PW 5 HC Maman Ram, PW 6 Constable Surinder Singh, PW 7 Constable Mohinder Singh, PW 8 Pushpa Sharma, PW 9 Dalbir Singh, PW 10 Bimla, PW 11 Baljit Singh, Sub-Divisional Judicial Magistrate, Narwana, PW 12 Constable Laxman Singh and PW 13 ASI Data Ram. Suraj Bhan PW was given up as having been won over by the appellants.