DHRUVENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE above appeals being No. 136/99, 133/99 & 169/99 and the State appeal No. 326/99 are being decided by this common judgment as they all have been preferred against the judgment dated 8. 2. 1999 and order of sentence dated 9. 2. 1999 passed by the learned Special Judge, SC/st Cases, Sri Ganganagar in Sessions Case No. 8/98.

(2.) BY the said judgment dated 8. 2. 1999, the learned Special Judge acquitted accused respondents Hanuman Prasad and Parmanand of the charges for the offence under Sections 363, 366, 342 and 376 (2) (g) IPC; accused respondents Jethu Singh of the charges for the offence under Sections 363, 366, 342, 376 (2) (g) IPC and Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 (hereinafter referred to as the `sc/st Act'); accused respondent Sanjay Kumar of the charges for the offence under Sections 363, 366, 342, 376 (2) (g), 376 (2) (g) IPC and Section 3 (2) (v) of SC/st Act; and accused respondent Gaurav Kumar @ Ganga of the charges for the offence under Sections 363, 366, 342, 376 (2) (g) IPC and Section 3 (2) (v) of SC/st Act. BY the said judgment dated 8. 2. 1999, the learned Special Judge also acquitted accused appellant Dhruvendra Singh in appeal No. 136/99 of the charges for the offence under Sections 376 (2) (g), 376 (2) (g), 376 IPC, for the incident which occurred on 24. 6. 1997, but convicted this accused appellant Dhruvendra Singh of the charges for the offence under Section 363, 366, 342, 376 IPC and Section 3 (2) (v) of the SC/st Act and sentenced him for the said offences vide order of sentence dated 9. 2. 1999 in the following manner:- Name of accused appellant Convicted under Section Sentence awarded Dhruvendra Singh 363 IPC Two years RI and to pay fine of Rs. 1000/-, in default of payment of fine, to further undergo imprisonment for one month. 366 IPC Three years RI and to pay fine of Rs. 1000/-, in default of payment of fine, to further undergo imprisonment for one month. 342 IPC One year RI and to pay fine of Rs. 500/-, in default of payment of fine to further under go imprisonment for 15 days. 376 IPC Ten years RI and to pay fine of Rs. 10000/- in default of payment of fine, to further undergo imprisonment for six months. 3 (2) (v) of SC/st Act Six months RI and to pay fine of Rs. 500/-, in default of payment of fine, to further undergo imprisonment for 15 days. All the above substantive sentence were ordered to run concurrently. BY the same judgment, the learned Special Judge also acquitted the accused appellant Sushil Kumar in appeal No. 133/99 of the charges for the offence under Sections 376 (2) (g), 376 (2) (g) IPC, but convicted this accused appellant Sushil Kumar of the charges for the offence under sections 363, 366, 342, 376 IPC and Section 3 (2) (v) of the SC/st Act and sentenced him for the said offences vide order of sentence dated 9. 2. 1999 in the following manner:- Name of accused appellant Convicted under Section Sentence awarded Sushil Kumar 363 IPC Two years RI and to pay fine of Rs. 1000/-, in default of payment of fine, to further undergo imprisonment for one month. 366 IPC Three years RI and to pay fine of Rs. 1000/-, in default of payment of fine, to further undergo imprisonment for one month. 342 IPC One year RI and to pay fine of Rs. 500/-, in default of payment of fine to further under go imprisonment for 15 days. 376 IPC Seven years RI and to pay fine of Rs. 10000/- in default of payment of fine, to further undergo imprisonment for six months. 3 (2) (v) of SC/st Act Six months RI and to pay in of Rs. 500/-, in default of payment of fine, to further undergo imprisonment for 15 days. All the above substantive sentence were ordered to run concurrently. BY the same judgment, the learned Special Judge also acquitted the accused appellant Shiv Muni in appeal No. 169/99 of the charges for the offence under Sections 376 (2) (g), 376 (2) (g) IPC, but convicted this accused appellant Shiv Muni of the charges for the offence under sections 363, 366, 342, 376/109 IPC and Section 3 (2) (v) of the SC/st Act and sentenced him for the said offences vide order of sentence dated 9. 2. 1999 in the following manner:- Name of accused appellant Convicted under Section Sentence awarded Shiv Muni 363 IPC Two years RI and to pay fine of Rs. 1000/-, in default of payment of fine, to further undergo imprisonment for one month. 366 IPC Three years RI and to pay fine of Rs. 1000/-, in default of payment of fine, to further undergo imprisonment for one month. 342 IPC One year RI and to pay fine of Rs. 500/-, in default of payment of fine to further under go imprisonment for 15 days. 376/109 IPC Seven years RI and to pay fine of Rs. 10000/- in default of payment of fine, to further undergo imprisonment for six months. 3 (2) (v) of SC/st Act Six months RI and to pay fine of Rs. 500/-, in default of payment of fine, to further undergo imprisonment for 15 days. All the above substantive sentence were ordered to run concurrently Aggrieved from the said judgment dated 8. 2. 1999 and order of sentence date 9. 2. 1999 passed by the learned Special Judge, SC/st Cases, Sri Ganganagar, the accused appellants Dhruvendra Singh, Sushil Kumar and Shiv Muni have preferred appeals separately and similarly State has also filed appeal against the said judgment and order acquitting accused Hanuman Prasad, Parmanand, Jethu Singh, Sanjay Kumar and Gaurav Kumar @ Ganga of the charges framed against them and against Dhruvendra Singh, Sushil Kumar and Shivmuni for enhancement of sentence and it was also prayed that all accused persons namely, Dhruvendra Singh, Sushil Kumar, Shiv Muni, Hanuman Prasad, Parmanand, Jethu Singh, Sanjay Kumar and Gaurav Kumar @ Ganga should be convicted for the offence of gang rape.

(3.) I have heard the learned counsel for the accused appellants, learned Public Prosecutor, learned counsel for the complainant and the learned counsel for the accused respondents, who have been acquitted by the learned Special Judge, I have also gone through the record of the case.