RAI SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE appellants were tried along with their accomplice Major P.C. Nag for offences punishable under Sections 366 and 376(g) Indian Penal Code for allegedly committing the offence of rape on the prosecutrix (19 years). At the end of the trial, Major P.C. Nag was acquitted whereas the appellant herein to be referred as "accused persons" were convicted and sentenced under Section 376(g) to undergo rigorous imprisonment for a period of 7 years each and to pay a fine of Rs. 1,000/ - each and also under Section 366 Indian Penal Code rigorous imprisonment of three years each and to pay a fine of Rs.500/ - each with the default clause. Fine if realized was ordered to be paid as compensation to the prosecutrix.

(2.) ACCUSED persons felt aggrieved as such filed the present appeal which was admitted for hearing and their sentence was suspended in Cr.M.P. No. 549 of 2003 by this Court on 22.10.2003.

(3.) AFTER completing the investigation, challan was presented in the court for the trial of the accused persons. They were accordingly charge ªsheeted for the offences aforesaid to which they denied and pleaded not guilty. As such prosecution examined its witnesses to prove the charges against them and the accused persons were also examined under Section 313 of the Code of Criminal Procedure. The circumstances which were found attendant upon them were denied by each of them. They pleaded innocence. According to Major P.C. Nag, the allegations against him are incorrect though she took the prosecutrix to Yol Cantt. to introduce her to the officer concerned and also stated that nothing was revealed to him by the prosecutrix when she was being driven on the way to her residence. However, he admitted having met the other accused persons. He expressed his resentment when they threatened to take her along with them. Other accused persons denied all the circumstances put to them.