- (1.) These appeals are directed against the judgment and order dated 30.7.2008 passed by the High Court of Punjab and Haryana whereby conviction and sentence recorded against accused/appellants Om Prakash and Kartar Singh under Section 376(2)(g) IPC, and one against accused/appellant Chhoti, under Section 109 IPC, are affirmed.
(2.) The prosecution case in brief is that on the day of incident, prosecutrix aged about 15 years, was alone in her house, in Village Jagan. Her mother had gone to Village Hasanga on account of death of her grand mother, and other family members were also not present in the house. Accused/appellant Chhoti came there and asked the prosecutrix to bring 'lassi' from her house. On this, prosecutrix went to the house of accused Chhoti but as soon as she entered the house, accused Kartar Singh (husband of Chhoti) and another accused Om Prakash, who were already sitting there, bolted the door from inside and the prosecutrix was raped by them. She was freed by them after about an hour. She was threatened to be eliminated if she disclosed about the incident to any one. Prosecutrix came back to her house and did not disclose about the above incident for 20 days till her mother came back to the village on 12.6.1995 from her maternal house. The prosecutirx narrated the incident to her mother whereafter she was taken by her father to get the report lodged at the Police Station Agroha. On 13.6.1995, first information report was registered, and investigation was taken up by SI Jaipal Singh (PW8) who inspected the spot and after interrogating the victim, took her to Ilaqa Magistrate where her statement was got recorded under Section 164 Cr.P.C. Thereafter the prosecutirx was taken to hospital where she was medically examined by Dr. Sunita Bishnoi (PW9) who observed in her report Exb. PC that secondary sexual characters of prosecutrix were found well developed. It is further reported that the victim disclosed to the Medical Officer the history of rape allegedly committed about 20 days back. No marks of external injury were found on her body. There was no mark of injury over perineum and thighs. Hymen was of healed ruptured type and admitted one finger easily. The victim was undergoing her periods. She was referred to Radiologist for determination of her age. Dr. Pawan Jain (PW2), after radiological examination, opined in his report Exb. PE that the girl was aged between 14 to 16 years. Her upper end of radius was found fused but lower end of radius was not yet fused. Upper end of fibula was also not found fused.
(3.) After investigation, charge-sheet was submitted by the police before the Magistrate for trial of accused Om Prakash, Kartar Singh and Chhoti in respect of offences punishable under Section 376, 342,506 r/w Section 34 IPC.;