GURMEET SINGH & OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Two brothers Gurmeet Singh and Kuldeep Singh, sons of Mohinder Singh initially filed the present criminal appeal and it has been directed against the judgment and order dated 14.5.1994, passed by the Court of Addl. District and Sessions Judge, Panipat, who convicted the appellants under Sections 450, 366 and 376, IPC, and sentenced them to undergo R.I. for a period of 3 years under Section 366, IPC, and to pay a fine of Rs. 25/-, in default of payment of fine, they were directed to undergo further R.I. for three months. The appellants were further sentenced to undergo RI for a period of 4 years under Section 450 IPC, and to pay a fine of Rs. 25/-, in default of payment of fine, they were directed to undergo further R.I. for 3 months. The appellants were also sentenced to undergo RI for a period of 10 years under Section 376, IPC and to pay a fine of Rs. 50/- in default of payment of fine, they were directed to undergo further R.I. for 6 months. All the sentences were ordered to run concurrently.

(2.) During the pendency of the appeal Kuldeep Singh, appellant, expired on 23.6.1995. In this view of the matter, his appeal stands abatted and now, I will deal with the appeal of Gurmeet Singh alias Meetu only.

(3.) The brief facts of the case are that PW-10 Smt. Kamlesh was previously married with Chander and from this wedlock, she gave birth of two daughters; namely, Rekha and Chander Kanta (prosecutrix), aged about 19 years and 16 years, respectively. Kamlesh got divorce from her husband Chander in the year 1981 and after a few months, she performed a second marriage with Kailash and out of this wedlock, she gave birth to two sons; namely, Mohan and Tek Chand. Second husband of Kamlesh died in the year 1996. During the days of occurrence, Kamlesh was employed as a Peon in Anganwari and was residing in Muslim Colony, Panipat with her children.