HARBANS SINGH RAI,J - (1.) THIS judgment would dispose of Criminal Appeals No. 16-SB and 122-SB of 1986 as they arise out of the same judgment of the Sessions Judge, Sonepat.
(2.) RAJBIR appellant in Criminal Appeal No. 116-4B of 1986 and Phool Kumar appellant in Criminal Appeal No. 122-SB. of 1986 were convicted by Shri O.P. Gupta, Sessions Judge, Sonepat under section 376 of Indian Penal Code and were sentenced to undergo four years rigorous imprisonment and a fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for four months, vide his order dated 19.12.1986. Feeling aggrieved, they have filed these appeals. The prosecution case in brief, is that Surinder Kumar PW 1 had a small shop in village Turaqpur and was living there with his wife Recta Devi PW5 prosecutrix, who is about 21 years of age. Both the appellants also belong to the same village.
(3.) ON 21.5.1985, about 3.00 P.M. Reeta Devi had gone to case herself in the fields and when she had just finished the call of nature, the two appellants came there Rajbir took her in his grip from behind while Phool Kumar gagged her mouth. Both committed rape on her. She was threatened with a knife and prohibited not to tell the incident to anybody.;