KAMLA Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this judgment I will dispose of two Criminal Appeals No. 223-SB of 1999 titled Kamla v. State of Haryana and Criminal Appeal No. 270-SB of 1999 titled Dilbag Singh v. State of Haryana as both appeals arise from the judgment and order dated 24.2.1999 passed by the Court of Sessions Judge, Jind who convicted both the appellants Kamla and Dilbag Singh under Sections 376/120-B of the Indian Penal Code and sentenced them as follows :

(2.) The brief facts of the case are as follows :

(3.) In order to prove the charges, prosecution examined Phool Devi, Head Mistress, Government Primary School, Balashram, Jind who with the help of school record gave the date of birth of the prosecutrix was 20.5.1984. She proved Ex.PA school leaving certificate. PW.2 Head Constable Prem Singh gave his statement on affidavit Ex.PB. Similarly Constable Azad Singh gave his statement on affidavit Ex.PC. Constable Balwant Singh appeared as PW.4 and he prepared scaled site plan Ex.PD Chando Devi was given up being unnecessary. Doctor H.N. Sehgal (PW.5) medically examined Dilbag Singh appellant, young boy of 26 years and declared him fit for sexual intercourse. He issued medico- legal report Ex.PE of Shri Dilbag. PW.6 is prosecutrix and she is supporting the case of prosecution by stating that on the day of the occurrence, she was alone in the house and about 12 noon Dilbag Singh appellant came to her house and told that his co-accused Kamla was calling her. Accordingly she went to the house of Kamla who was sitting there. She enquired from Kamla as to what was the matter. Kamla told her to sit down. Meanwhile, Dilbag appellant came there. On seeing Dilbag Singh, Kamla got up and went out from the house. Thereafter Dilbagh took her into his arms forcibly and made her to lie on the bed. He then forcibly removed her salwar and committed sexual intercourse with her. Poonam Devi categorically stated that sexual intercourse was committed with her forcibly. She wept bitterly and also raised a lot of noise upon which Parmila came there and she told Dilbag Singh that he had committed such heinous act with the prosecutrix and he should be ashamed of having done so. Then Dilbag told Parmila that in case she narrated the incident to any body, he would kill her upon which she went back. In the cross-examination prosecution has not given any impression that she was not raped. PW.7 Parmila corroborated the statement of the prosecutrix by stating as follows :