SANJAY KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) THESE three appeals are being disposed of by a common judgment, because the appellants in all of them have assailed the same judgment, i,e. judgment dated 23rd June, 2006, of learned Sessions Judge, Sirmour, whereby they have been convicted of offences, under Sections 376(2)(g), 452, 323 and 506(1) of the Indian Penal Code and sentenced as follows:

(2.) PROSECUTION ease, as per evidence on record, may be summed up thus. On 23rd March, 2004, around 10.45 p.m., when the prosecutrix, examined as PW1, was present in her Dhara (a temporary shed), which she used as residence, and was cleansing utensils, all the three appellants went there. Husband of the prosecutrix, namely Kanshi Ram, was also present in the Dhara, at that time. A kerosene lamp was lit in the Dhara, when the appellants entered. One of them put out that lamp and then two of the appellants caught hold of the prosecutrix, while the third loosened the string of her Salwar. Thereafter, one of the appellants went out of the Dhara and two others committed rape on the prosecutrix (who was aged about 50 years), one after the other. Prosecutrix cried for help. She was slapped on her face. In the meanwhile, PW2 Puran Bahadur, who was serving in the Police Department, accompanied by his son Ramu, a student of 8th standard, passed by the Dhara of the prosecutrix. He challenged the appellants, upon which two of them ran away, while one of them, namely Deepak Kumar, scuffled with him and snatched his torch and broke it.

(3.) ALL the three appellants were arrested on the next morning. Prosecutrix identified them to be the persons who had committed rape on her. She was not knowing any of the three appellants from before, either by their appearance or by names, but one appellant called the other by the name of Dimple.