- (1.) Mamta, who was aged little over 14-1/2 years, has made an allegation of rape against appellants Arvinderjit Singh and Sukhcharan Singh @ Raju. On the basis of evidence, Arvinderjit Singh stands convicted under Section 376 IPC and sentenced to suffer RI for ten years and a fine of Rs 1000/- and in default thereof to further undergo RI for two months. The second accused Sukhcharan Singh @ Raju is an absconder. Along with these two persons, Babli, and Surinder Kaur were also tried for an offence under Section 366-A IPC, whereas two others persons, namely, Iqbal Singh and Rajiv Kumar were tried and convicted for an offence under Section 366 IPC. These four persons had also filed separate appeals as each one of them had been imposed the sentence of three years RI coupled with fine of Rs 500/- in each case. In default, each one will have to undergo further RI for one month. All the convicted persons have filed separate appeals, though they have been convicted through a common judgment. All the four appeals, i.e., Criminal Appeal Nos.809-SB, 814-SB, 823-SB and 830-SB of 1998 are listed together and are being disposed of together through this common order.
(2.) This FIR against the appellants was recorded at the instance of Mamta (PW-2). Babli and Surinder Kaur appellants had gone to her house on 19.6.1996, when she was alone present in her house. These appellants asked PW-2 to accompany them to Bazar as they wanted to purchase some clothes. In this manner, the appellant-ladies took PW-2 to the shop of Sukhcharan Singh @ Raju (proclaimed offender). At that time, three more boys were present in the shop. The appellants and PW-2 were served tea. Appellants Babli and Surinder Kaur thereafter asked PW-2 to accompany them for a picnic. In this manner, these ladies took PW-2 in a Rickshaw towards Railway Line near the Garden. There she was taken to a room in the garden. Time was about 5.00 PM. Raju, Goldy and Sonu along with Raja also came there on two scooters. Raju @ Sukhcharan Singh (proclaimed offender) came inside the room when Babli and Surinder Kaur went out. Sukhcharan Singh thereafter committed a forcible intercourse with PW-2. The other appellants were statedly present outside the room. Thereafter, Sonu came inside the room and committed sexual intercourse with PW-2 without her consent. She raised alarm when Sonu and Raju slapped her. Thereafter, all the appellants left her when she returned to her house. At that time, no one was present at her house. Her father returned on the next day when PW-2 narrated the entire story to him. While her father was going on Chandigarh road, he met Ashok Kumar ASI and lodged the complaint about the occurrence. On the basis of statement as recorded, the FIR was registered. PW-2 was subjected to medical examination. Her statement was also subsequently recorded by a Magistrate.
(3.) The investigation followed and thereafter the charges were framed leading to trial of the appellants, their conviction and the sentence, which has been noticed above. One of the main accused, who had raped PW-2, continue to evade justice and is a proclaimed offender. All the other appellants have now impugned their conviction by filing these separate appeals.;