KARAM SINGH AND ANR. Vs. STATE OF H.P.

JUDGEMENT

(1.) THE appellants were convicted in case No. 32/2000 (RBT No. 8/2004) by the learned Trial Court, for committing a gang rape on a mentally retarded woman and were sentenced to undergo the life imprisonment and to pay a fine of Rupees 50,000/ each under Section 376 (g) of the Indian Penal Code and rigorous imprisonment for a period of 2 years and to pay a fine of Rs. 10,000/ under Section 354 of the Indian Penal Code. Both the sentences were ordered to run concurrently.

(2.) IN brief, the prosecution story is that the complainant, Surinder Kumar (PW2) was running an "AHATA" near liquor vend at Una. On 2.11.1999, at about 8.30 p.m. the appellants alongwith one more person came there for drinks. While all of them were taking liquor, they noticed a mentally retarded woman aged about 25 years (hereinafter to be referred as the prosecutrix), clad in a parrot coloured suit and having a green colour CHUNI, sitting adjoining to the place where they were taking liquor. All of them discussed with each other and shared the common intention to sexually assault her. The complainant Surinder Kumar (PW2) discouraged them to commit the offence, but in turn the appellants also invited him for sharing her to which he denied. Thereafter, the appellants and the third person (not identified) took the prosecutrix to nearby bushes to satisfy their lust. The complainant told about this fact to Som Nath (PW5) who was repairing his "REHRA" nearby who advised him to report the matter to the police. Thus he made the statement Ex.PA to the police under Section 154 of the Code of Criminal Procedure, next morning around 9.45 a.m., on the basis of which FIR Ex.PW8/A was recorded in the police station.

(3.) PW 7, Dr. Lalit Mahajan examined her on the same day. She was found to be non co operative. The prosecutrix was speaking incomprehensive language, sometimes shouting and speaking to herself. She was unable to give her history and was not responding to the oral commands. Her Salwar was soiled with urine which contained the blood stains. No visible injury was found on the prosecutrix. The doctor issued MLC Ex.PW7/A. She was referred to Psychiatry and Gyaene Departments for further examination. The prosecutrix was then examined by Dr. Mrs. Kushala Pathania (PW1). She was found suffering from Schizophrenia (mental illness). Her genital examination was done. The hymen was found absent. Her vagina admitted two fingers. The vaginal swab etc. including Salwar were sent for the forensic examination. Vide report Ex.PWl/B, the Salwar contained the blood stains of group "A" and the semen stains. Her Posterior Fornix swab contained the human blood but was not sufficient for further examination. The medico legal certificate of the prosecutrix in detail is Ex.PW1/A. On the basis of the above findings and the forensic science report the Doctor opined that there was an evidence of recent sexual activity.