PANKAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) It is on account of the diversion views and conclusions drawn by the Hon ble Members of the Division Bench that the present appeals have been assigned to this Court for disposal.

(2.) The instant appeals are directed against the judgment dated 01.11.2017, rendered by the learned Additional Sessions Judge-I, Kangra at Dharamshala, District Kangra (H.P), in Session Case No. 8-I/VII/2015, whereby, the learned trial Court convicted, and, sentenced the appellants/accused to (a) undergo rigorous imprisonment for a period of two years, and, to pay a fine of Rs.2,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of three months, for commission of offence, punishable under Section 452 readwith Section 34 of the IPC, (b) undergo rigorous imprisonment for a period of two years, and, to pay a fine of Rs.2,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of three months, for commission of offence, punishable under Section 365 read with Section 34 of the IPC, (c) undergo rigorous imprisonment for a period of twenty years, and, to pay a fine of Rs.5,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of one year, for commission of offence, punishable under Section 376D readwith Section 34 of the IPC. All the sentences were ordered to run concurrently.

(3.) Brief facts of the case are that the husband of the prosecutrix was working as a labourer at Lali stone Crusher, Dhangu-Mazra Road. The prosecutrix was residing with her husband, and, a three years old son in a quarter near the Lali stone crusher. On 24.3.2015 at about 7.00-8.00 P.M. accused Shiv Singh alias Lambu, Rakesh and Pankaj, who were working at Pathania Stone Crusher came to the quarter of the prosecutrix, and, consumed liquor with the husband of the prosecutrix, and, left after about half an hour. At about 11.00-11.30 P.M when the prosecutrix, her husband, and, their son, were sleeping, the accused persons entered the quarter of the prosecutrix and gagged her mouth and lifted her from her bed and took her to a quarter that was lying vacant and raped her one by one. The prosecutrix tried to raise alarm but the accused Shiv Singh alias Lambu gagged her mouth. After committing rape, the accused persons lifted the prosecutrix, and, left her near her quarter. The prosecutrix informed her husband, who took her to Saroj, the chowkidar of the stone crusher. Saroj informed the police, and, accordingly police came at Lali Stone Crusher, where the statement of the prosecutrix under Section 154 of Cr.P.C was recorded by ASI Mohinder Kumar. On the basis of the said statement, formal FIR was registered, and, on conclusion of the investigation into the offences, allegedly committed by the accused, final report under Section 173 of the Code of Criminal Procedure was prepared and presented in the Court.