NARINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellants-Narender Singh @ Billu and Nardev Singh @ Bittu (hereinafter referred to as the 'accused') faced trial in Sessions Case No. 14 of 2000/Sessions Trial No. 24 of 2000 for the alleged commission of offence of gang rape. The learned Additional Sessions Judge, Una found both the accused to be guilty and convicted them under Section 376(2)(g) of the Indian Penal Code, 1860 (for short I.P. Code). They have been sentenced to undergo rigorous imprisonment for a period of ten years each and to pay fine of Rs. 2,000/- each and in default of payment of fine to undergo simple imprisonment for six months.

(2.) The case of the prosecution is based on the statement (Ext.PC) of PW-3 the victim of gang rape recorded under Section 154 Cr.P.C. The gist of this statement is that the victim is resident of village Khad, Tehsil Amb, District Una. She had discontinued her study in the year 1998 when she failed in the 7th Class. On 9.2.1999, the victim had gone to Mubarkpur to take medicines from a doctor for treating toothache. On return from Mubarkpur, she boarded a bus up to Bhanjal. There was no bus service from Bhanjal to reach her village. She walked on foot through a short passage leading to her house. When the victim covered distance of about 1 Km. from Bhanjal towards her village at about 12.30 noon, she saw two boys sitting by the side of a "Khud" (rivulet). On seeing her, they got up and one of them caught hold of her arms from back side, lifted and took her behind the bushes where she was forcibly made to lie down on the ground. He called his companion by the name Btttu who gagged her mouth with sweater which he was holding in his hand. Bittu caught hold of her both arms. The first boy opened string of her salwar and forcibly committed sexual intercourse with her. Bittu continued gagging her mouth as a result thereof she could not raise hue and cry. She gave tooth bite on his right hand. In the meantime, one person happened to pass through the other side of the road and on seeing him both . the boys fled from the place of occurrence. She put on her Salwar and proceeded to her house weeping. On the way, she met one person whose name and address she did not know and told him that two boys had committed mischief with her but that person did not say anything and politely went away. She reached at her house at about 1 p.m. and narrated the entire incident to her elder sister PW- 4 Krishna Devi. She did not disclose the entire incident to her mother PW- 5 Smt. Shiv Kumari as she did not want her mother to get perplexed on hearing the incident of rape. Her father was not at home at that time. Later on, PW-4 narrated the entire incident to PW-5.

(3.) On the same evening, PW-5 scribed one application to PW-7 Chanchla Devi, Pradhan, Gram Panchayat, Bhanjal which was delivered to her by PW-13 Karnail Singh, elder brother of the victim on the next day. The family members and PW-7 had made efforts to identify those boys and ultimately on 21.2.1999, they came to know their names as Narender Singh @ Billu son of Satpal and Nardev Singh @ Bittu son of Yadhuvir Singh both residents of Bhanjal Lower. Statement Ext.PC of the victim was recorded by PW-9 Kailash Walia, Sub-Inspector/S.H.O., Police Station, Amb at 6 p.m. when he was on patrolling duty at Bhanjal. On the basis of Ext.PC formal First Information Report Ext.PJ was recorded by PW-14 Avtar Singh in Police Station, Amb. PW-14 held investigation of the case on 23.2.1999. He visited the spot of the incident and prepared site plan Ext.PS. He recorded the statements of the witnesses and arrested the accused. The victim was sent for medical examination. Both the accused were also medically examined by PW-10 Dr. Parkash Daroch, Medical Officer posted in Primary Health Centre, Amb. On 27.2.1999 Nardev Singh accused produced one Sweater Ext.P-1 which was taken into possession vide seizure memo Ext.PB. PW-4 produced application Ext.PE to the Investigation Officer which was allegedly given to the Pradhan who returned the same to the family members of the victim, PW-11 Dr. Usha Daroch medically examined the victim on 23.2.1999. She referred the victim to District Hospital, Una for X-ray and expert opinion of Radiologist and Dental Surgeon regarding her age estimation. The pubic hairs and vaginal smeared slides of the victim were sent to Forensic Science Laboratory, Junga for analysis. On receipt of the report Ext.PQ of the Scientific Officer, PW-9 also collected medico legal certificate Ext.PQ of the victim and M.L.C. (Exts.PK and PL) respectively of the accused persons. He submitted charge-sheet against the accused before the Additional Chief Judicial Magistrate, Amb.