JASBIR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS judgment shall dispose of both the appeals filed by the appellants arising out of the same judgment of the learned Sessions Judge, Solan, dated 6.9.2004, vide which the appellants were held guilty and sentenced as under: Rigorous Imprisonment for 10 years and fine of Rs. 2,000/ - each under Section 376, Sub Section 2, Clause (g). In default of payment of fine, the appellants were to undergo Rigorous Imprisonment for a further period of one year each.

(2.) BRIEFLY stated that facts of the case are that on 10.11.2003, at about 7.45 p.m., a statement was made by prosecutrix ˜M (name not mentioned) under Section 154 Cr. P.C. before the police officer. She alleged that she is a resident of District Bilaspur and had come to Kunihar where her elder sister Pushpa Devi was married to one Prem Singh. It was alleged that the said Prem Singh had fractured his left leg in an accident and her sister had called her to assist her in the household work and she was staying with her sister for the last about one month. Prem Singh was away to IGMC, Shimla for check up and her sister and she were present in the house. At about 1.30 p.m. today, when she went to the forest for easing, two persons, named, Jasbir Singh and Bir Singh came there and forcibly caught hold of her. Bir Singh closed her mouth with his hands, while Jasbir Singh opened the string of her Salwar and forcibly committed rape with her. She rescued herself from the clutches of those persons, who ran away from the spot. She came back to her house and told the occurrence to her sister and thereafter told the occurrence to her brother -in -law Prem Singh when he came back in the evening. It was alleged that while leaving, those persons had also given a threat to kill her if she disclosed the occurrence to any person.

(3.) WE have heard the learned Counsel for the parties and have gone through the record of the case.